Proceedings under Sections 145 and 146 Cr.P.C are not maintainable if a civil suit is pending and status quo has been granted by the civil court. The court dealing with a proceeding under Section 145 Cr.P.C is mainly concerned with possession of the property and not with determining the title to the property or right of possession.

Nirmaljit Kaur, J.

1. This is a petition under Section 482 Cr.P.C for quashing the order dated 30.08.2010 (P4) passed by the Sub Divisional Magistrate, Rajpura and order dated 27.11.2010 (P5) passed by the learned Additional Sessions Judge, Patiala.

2. The petitioners filed a suit for permanent injunction, restraining respondent No. 2, his brothers Mehar Singh, Malkiat Singh and Randhir Singh and their father Harnek Singh from causing any interference in the peaceful possession of the petitioners in the disputed land and along with this suit also filed an application under Order 39 Rules 1 and 2 read with Section 151 CPC for grant of temporary injunction and the learned Civil Judge (SD) Rajpura, vide his order dated 02.03.2007 ordered the parties to maintain status quo regarding possession. Thereafter, at the instance of respondent No. 2, proceeding under Section 145 Cr.P.C was initiated but learned SDM, Rajpura, vide order dated 06.11.2007, ordered the proceedings to be filed on the ground that the case regarding possession is pending in the Civil Court and no proceedings can be initiated under Section 145 Cr.P.C. Again Calendra under Section 145 Cr.P.C was filed on 04.04.2008 which was transferred to the Court of SDM, Nabha, who also ordered the Calendra to be filed vide order dated 11.09.2008 (P3). Then, on 09.04.2009, proceedings under Section 145 Cr.P.C were initiated, in which, Shri Vivek Narmohi was appointed as Receiver. After the evidence was recorded by the parties, SDM, Rajpura, vide his order dated 30.08.2010 ordered the withdrawal of the order and directed the Naib Tehsildar to deliver the possession of the land to respondent No. 2 Bhupinder Singh. Thereafter, the petitioners filed revision against the order dated 30.08.2010 passed by the SDM, Rajpura but the Additional Sessions Judge, Patiala dismissed the revision petition, vide order dated 27.11.2010 (P5).

3. Aggrieved, the petitioners have filed the present petition under Section 482 Cr.P.C for quashing of the order dated 30.08.2010 (P4) passed by the Sub Divisional Magistrate, Rajpura and the order dated 27.11.2010 (P5) passed by the Additional Sessions Judge, Patiala, vide which, the aforesaid order dated 30.08.2010 (P4) was upheld.

4. While issuing notice of motion, the contention of the learned counsel for the petitioners noted was that the Additional Sessions Judge, Patiala has dismissed the revision on the ground that the Assistant Collector Grade II had ordered the correction of khasra girdawaries vide order dated 23.12.2008, whereas, the said order has already been stayed by the Assistant Collector Grade I Patiala. Thus, the Additional Sessions Judge had dismissed the revision petition by noticing incorrect facts and accordingly, the operation of the order dated 30.08.2010 passed by the Sub Divisional Magistrate (P4) was stayed by this Court vide order dated 28.01.2011.

5. Respondent No. 2, herein, filed Criminal Misc. No. 1663 of 2011 in the present petition, praying for vacation of the stay order on the ground that the impugned order has already been complied with and the possession in view of the same has been delivered to respondent No. 2 and also raised the contention that the petitioners have till date not placed on record the alleged copy of the order dated 27.01.2009 passed by the Assistant Collector Grade I, Rajpura staying the order of the Assistant Collector Grade II, Patiala dated 23.12.2008. Further, no such order was brought to the notice of the Additional Sessions Judge, Patiala in the revision. As such, this Court had been totally misled by the petitioners.

6. The Sub Divisional Magistrate, Rajpura appeared and filed his reply along with Annexure R1/A and R1/B. R1/A is an application against the order dated 23.12.2008 passed by the Assistant Collector Grade II, Patiala as well as the noting dated 27.01.2009 appended on the same application, wherein, the said order of the Assistant Collector Grade II has been stayed.

7. Deputy Su