Punjab-Haryana High Court
Jagdish Ram vs State Of Haryana And Ors. on 25 May, 1989
Equivalent citations: 1990CRILJ1917
ORDER Harbans Singh Rai, J.
1. Jaswant respondent filed a civil suit for permanent injunction against Jagdish Ram petitioner and his brother Onkar Chand. The learned Sub Judge before whom the said case was pending issued an ex parte injunction in favour of Jaswant and against Jagdish Ram and others thereby restraining them from interfering in his possession over the suit land. This ex parte ad interim injunction was confirmed on 21-9-1983 after hearing the parties. The injunction order passed by the Sub Judge was confirmed by the learned District Judge, Sirsa, vide his order dated 17-10-1983 in an appeal filed by Jagdish Ram and Onkar Chand.
2. According to the calendar filed by the police under Section 145, Criminal Procedure Code (for short the 'Code'), Kishan Chand and his son Jaswant moved an application before the police to the effect that Jagdish Ram petitioner and Onkar Chand wanted to take forcible possession of the land in spite of the fact that the civil Court had restrained them. Police after enquiry moved the Sub Divisional Magistrate, Sirsa who, after enquiry, found that Jagdish Ram petitioner and his brother Onkar Chand were in possession of the property in dispute. Feeling aggrieved, Jaswant respondent filed a revision in the Court of Additional Sessions Judge, Sirsa, who vide his order dated 4-12-1985 accepted the revision and held that as the matter was before a civil Court the Sub Divisional Magistrate had no jurisdiction to start parallel proceedings under Section 145 of the Code and set aside the said proceedings.
Feeling aggrieved, Jagdish Ram has filed this revision petition.
I have heard the learned counsel for the parties and gone through the record and relevant law with their help.
3. It is not disputed that civil Court had granted an ad interim injunction in favour of Jaswant restraining Jagdish Ram and his brother Onkar Chand from interfering in his possession over the suit land. This injunction was confirmed by the District Judge in an appeal filed by Jagdish Ram and Onkar Chand. It is not disputed that the civil suit and the proceedings under Section 145 of the Code relate to the same land.
4. The learned Additional Sessions Judge while accepting the revision has held that as civil suit was pending, no proceedings under Section 145 of the Code could be initiated and on this score set aside the said proceedings.
5. Mr. R. S. Cheema, the learned counsel for the petitioner, has submitted that the learned Additional Sessions Judge has taken an erroneous view of the legal position. The proceedings under Section 145 of the Code are competent in the circumstances of this case. He has cited a number of judgments in support of his contention, whereas Mr. P. C. Mehta, learned counsel for respondent No. 2, has asserted that as the matter is pending before civil Court no parallel proceedings under Section 145 of the Code could be started. I have considered the contentions of both the learned counsel and gone through the authorities cited by them.
6. Section 145 of the Code empowers the authorities concerned to take immediate preventive action in an emergency. Cases are not unknown in which in spite of an injunction issued by a civil Court the parties had tried to take forcible possession of the land in disregard of the injunction orders. If a party in whose favour there is an injunction by the civil Court is not strong enough to retain the possession and approaches the authorities to intervene to protect its possession it would be in the fitness of things if the police intervenes in such a situation so that the orders passed by the civil Court are not flouted and are respected. In such a situation it will not be parallel proceedings because the proceedings launched under Section 145 of the Code are in aid of the civil Court. Jaswant respondent had approached the authorities to start proceedings under Section 145 of the Code as he was feeling apprehensive that the other side may not take possession and dispossess him in spite of the orders of the civil Court. It is on his revision that the learned Additional Sessions Judge has held that the proceedings under Section 145 of the Code are not competent. Jagdish Ram who felt weak and sought the help of the executive authorities in spite of the orders of the civil Court and requested for proceedings under Section 145 of the Code now cannot challenge the same on the ground that they are parallel proceedings the learned Additional Sessions Judge was legally justified in setting aside the proceedings on the ground that the matter was already before the civil Court. The proceedings under Section 145 of the Code in a case where they have been started at the instance of a party in whose favour there is an order of a civil Court are competent to protect and strengthen his claim. The learned Additional Sessions Judge was not justified in setting aside the same.
7. In view of the legal position as explained above, the order of the learned Additional Sessions Judge is not justified. It is set aside and the case is remanded back to him to decide the revision filed by Jaswant respondent against Jagdish petitioner and his brother Onkar Chand on merits, as the proceedings under Section 145 of the Code are competent. With these observations, this revision stands disposed of.