Honble MEENA, J. — By this petition, the petitioners have prayed that proceedings initiated under Sec. 145 Cr.P.C. be quashed.

(2) On a complaint filed by SHO, Police Station Mandhan, the SDM, Behror initiated the proceedings under Sec. 145 Cr.P.C. against both the parties regarding Khasra Nos. 108, 109, 128,154, 261,240,220, 272, 273, 248,85,.131, 345, 134,168,169, and 227 situated in village Mangalpur and Khasra Nos.572, 573,582,600,601,578 and 579 situated in village Mandhan, Tehsil Behror. There was a dispute regarding title as well as possession. 18.8.96 is next date in SDM court for orders whether the disputed lands be attached or not ?

(3) Heard learned counsel for the parties.

(4) The normal rule is that when civil proceedings are pending, the parallel proceedings under Sec. 145 Cr.P.C. should not continue.

(5) Mr. Naqvi brought to my notice the decision of their Lordships in case of Prakash Chand Sachdeva vs. State & Anr. (1), wherein, their Lordships have taken the view that criminal proceedings under Sec. 145 Cr.P.C. can be continued even though civil suit is pending.

(6) Considering the facts and circumstances of the case and the case relied on by Mr. Naqvi, the SDM, Behror is directed to consider the documents of both the parties and hear them on 19.8.96, to see whether in the facts and circumstances of the case, the attachment of lands in dispute is necessary, if necessary, attach the land and appoint receiver to avoid blood shed. That order of attachment and appointment of receiver will continue only for four months from the date of appointment of receiver. The criminal proceedings, the attachment and appointment of receiver will come to an end on expiry of four months from the date of attachment order. Meanwhile, the aggrieved party can approach to civil court for appointment of receiver under Sec. 212 of Rajasthan Tenancy Act, 1955. (7). With the above observations, the petition is disposed of.

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