Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.

ORDER :

MUKESH RAJPUROHIT, J.

1. The instant Misc. Petition under Sections 528 BNSS (482 Cr.PC.) has been filed against the order dated 01.04.2025 passed by the learned Additional and Sessions Judge, Pokharan, Jaisalmer in Criminal Revision Petition No. 22/2024, whereby the revision petition of the respondent no.2 has been allowed and the order dated 25.10.2024 passed by the learned Subdivisional officer, Pokharan in case no. 15/2022 is set aside by directing that possession of the land in question be handed over to respondent no.2.

2. Bereft of elaborate details briefly stated the facts necessary for the disposal of this petition are that respondent no.2 filed a complaint under Sections 145 and 146 of the Code of Criminal Procedure, 1973, alleging that the respondent no.2 owned a plot of land bearing Khasra No. 936, situated on the Jodhpur–Jaisalmer road, measuring 102.5 x 170 feet, which had been gifted to the respondent no.2 by her father, through a registered gift deed. It was alleged that during the applicant’s absence from Pokharan due to her mother’s illness and subsequent demise, respondents no.3 and 4 unlawfully broke open the locks of the said plot, took possession, and established a nursery in the name of “Vivek Nursery.” Pursuant to the complaint and subsequent investigation, an FIR under Sections 447 , 427, and 34 of IPC was registered, and proceedings under and 146 Cr.P.C were initiated, culminating in the attachment of the property by order dated 02.01.2023 passed by the learned Sub-Divisional Officer, Pokharan.

3. Upon issuance of notice dated 06.01.2023 and attachment of the plot, the petitioners became aware of the proceedings and were impleaded as parties. The petitioners contended that the disputed plot had been sold to them by the respondent no.2 on 30.12.2017 for a total consideration of Rs. 61,00,000, possession having been handed over on the same date. They asserted continuous possession and operation of a nursery on the plot prior to the attachment and challenged the proceedings as illegal and contrary to Section 145 (6) Cr.P.C. The petitioners also instituted a civil suit for specific performance of the sale agreement before the learned ADJ, Pokharan which came to be registered as Civil Original Suit no. 03/2023. Along with this suit an application under order 39 Rule 1 & 2 of CPC has been preferred, thereafter, learned trial Court vide its order dated 24.09.2024 has rejected the application and the said order is presently pending consideration before this Court in Civil Misc. Appeal No. 3188/2024.

4. After hearing the parties, the learned SDO vide order dated 25.10.2024, disposed of the proceedings under Section 145 Cr.P.C, holding that since possession had been taken from the petitioners and a civil suit between the parties was pending, possession be restored to the petitioners and respondents no.3 and 4, restraining respondent no.2 from interference without orders from a competent court. The property was accordingly released from the receiver and possession was restored.

5. Aggrieved thereby, respondent no.2 preferred Criminal Revision No. 22/2024 before the learned Additional District and Sessions Judge, Pokharan, which was allowed vide order dated 01.04.2025, directing that possession of the property be handed over to respondent no.2. The present petition has been filed assailing the said order on the ground that it has