Munna Singh @ Shivaji Singh And Others vs State Of U.P. And Another on 11 October, 2011
The Apex Court however in the case of Ranbir Singh (supra) held that even though the orders of the High Court setting aside the orders under Section 145(1) and 146(1) were unsustainable, yet in the circumstances of the case, the order of the High Court quashing the preliminary order under Section 145 (1) and 146(1) Cr.P.C. were maintained leaving it open to the parties to approach the civil court for an appropriate interim order where the dispute was pending without being influenced by the findings recorded by the High Court. The emphasis therefore again was laid on the principle that where a civil proceeding has been initiated and the matter is pending between the parties, then the Magistrate should be slow in invoking the jurisdiction of attaching or taking into possession of a property involved in such a dispute.