Back
1990 Supreme(Pat) 119
PATNA HIGH COURT
L.P.N.Shahdeo, J.
Ramdeo Sao
Versus
State Of Bihar
Criminal Miscellaneous No. 1291 of 1986 ;
Decided On : MARCH 22, 1990
The central legal point established in the judgment is that when a title suit is pending between the parties in relation to disputed land, the conversion of a proceeding under Sec. 144 into a proceeding under Sec. 145 may be held invalid.
Headnote:
Sec. 145 - Conversion of Proceeding - The court held that the conversion of a proceeding under Sec. 144 of the Code of Criminal Procedure into a proceeding under Sec. 145, in respect of disputed land, was invalid as there was a pending title suit between the parties.
Fact of the Case:
The order converting a proceeding under Sec. 144 into a proceeding under Sec. 145, in respect of disputed land, was challenged. It was admitted that a title suit was pending between the parties in relation to the same land.
Finding of the Court:
The court found that the conversion of the proceeding was invalid as there was a pending title suit between the parties, and the matter of possession and investigation should be adjudicated in the title suit.
Issues: The main issue was the validity of the conversion of the proceeding under Sec. 144 into a proceeding under Sec. 145, considering the pending title suit between the parties.
Ratio Decidendi: The court's decision was influenced by the fact that a title suit was pending between the parties in relation to the disputed land, and therefore, the proceeding under Sec. 145 was held to be invalid.
Final Decision: The application was allowed, and the impugned order converting the proceeding into one under Section 145, Cr. P.C. and the proceeding itself were quashed.
L.P.N.Shahdeo, J.
1. In this application, the order dated 2-12-1985 has been challenged by which a proceeding under Sec. 144 of the Code of Criminal Procedure was converted into a proceeding under Sec. 145 of the Code of Criminal Procedure, in respect of the disputed land.
2. It was submitted that it is admitted position in this case the opposite party No. 2 had tiled. Title Suit No. 33 of 1979 which is pending before the Additional Subordinate Judge, Daltonganj and, therefore, the conversion of the proceeding, when the title suit in respect of the same land is pending, should be held to be illegal.
3. On the other hand, the learned Counsel appearing on behalf of the opposite party No. 2, Mr. D.K. Sarkar has submitted that he has no instruction but he has not disputed this fact.
4. Heard the counsel for the petitioner, opposite party No. 2 and also the State.
5. It is admitted position in this case that Title Suit No. 33 of 1979 is pending before the Additional Subordinate Judge, Daltonganj, in respect of the disputed land which fact is further corroborated and stated in the impugned order itself, whereby the learned Magistrate, has admitted this position that in respect of the disputed land a Title Suit is pending before a competent court to thrash out the file and possession and the question of investigation, of possession in these circumstances in a proceeding under Sec. 145, Cr. P. C. appears to be improper and bad.
6. The claim of the petitioner and the opposite party No. 2 has to be adjudicated and decided in course of their title suit.
7. In this view of the matter, conversion of a proceeding by the impugned order admittedly appears to be invalid.
8. It appears that there was also another Title Suit No. 13 of 1972 as submitted by the learned Counsel, Mr Bhowmik, in respect of the same land which was decided in favour of the present petitioner and thereafter the petitioner has obtained a decree and executed delivery of possession.
9. On admitted fact, it can be reasonably concluded that when in respect of the disputed land, a title suit is pending between $the parties therefore, the proceeding under Sec. 145 of the Code of Criminal Procedure must be held to be bad in law.
10. In the result, for the reasons stated hereinbefore, this application is allowed and the impugned order converting the proceeding into one under Section 145, Cr. P.C. and the proceeding itself are quashed.
