Allahabad High Court
Ram Lakhan And Others vs State Of U.P. And Others on 23 January, 2020
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- APPLICATION U/S 482 No. - 9556 of 2006 Applicant :- Ram Lakhan And Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- B.R. Sharma Counsel for Opposite Party :- Govt. Advocate,S.P. Singh Hon'ble Sudhir Agarwal,J.
1. Heard Sri B.R. Sharma, learned counsel for applicants and learned A.G.A. for State.
2. Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash the order dated 13.07.2006 passed by Sub-Divisional Magistrate, Tehsil Nautanwa, District Maharajganj under Section 146(2) Cr.P.C. in Case No. 42.
3. It is contended that Original Suit No. 556 of 2005 seeking injunction was already pending in the Court of Civil Judge (Junior Division) Farendah, Maharajganj and therein an injunction order was also passed by Court on 15.12.2005 still proceedings under Section 145 Cr.P.C. have been initiated and order has been passed by Magistrate concerned under Section 146(2) Cr.P.C. on 13.07.2006, which is illegal.
4. It is evident from record that Original Suit No.556 of 2005 is already pending in the Court of Civil Judge (Junior Division) Farendah, Maharajganj and when civil suit is pending, proceeding under Section 145 Cr.P.C. cannot be initiated. This Court is fortified in taking the aforesaid view from Apex Court's decision in Ram Sumer Puri Mahant Vs. State of U.P. and others, AIR 1985 SC 472; Jhunamal alias Devandas Vs. State of Madhya Pradesh and others, AIR 1988 SC 1973; and, Mahant Ram Saran Dass Vs. Harish Mohan and another 2001 (1) JIC 381 (SC).
5. In view thereof, application is allowed. Impugned order dated 13.07.2006 passed by Sub-Divisional Magistrate, Tehsil Nautanwa, District Maharajganj is hereby quashed.
Order Date :- 23.1.2020 AK