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Counsel submits that during operation of the order of stay passed by the District Judge the police alleging that the petitioners committed offence under s.188 IPC could not eject the petitioners in execution of any order passed under s.144 CrPC. He invites me to pass an order directing the police to give the petitioners possession of the property.

In my opinion, the petitioners' remedy, if any, was before the Civil and Criminal Courts. The first petitioner had filed the suit against the private respondent before the private respondent instituted the s.144 proceedings. In the suit the first petitioner prayed for an order restraining the defendants therein from taking possession of the property in question. The private respondent's husband is the proforma defendant in the suit.