The SDM is justified in initiating proceedings under Section 145 CrPC to decide the matter of disputed possession, even when a civil suit is pending and proceedings under Section 107/151 CrPC have been initiated.

G. S. Chahal, J. - Bharat Bhushan who claims himself to be a Member of Intizamian Committee of Thakardwara of Village Adhoya, by means of this petition under Section 482 Criminal Procedure Code, seeks quashing of orders Annexure P 2 and P 3 passed by respondent No. 1 Sh. Vivek Joshi, SDM, Ambala City.

2. Proceedings under Section 145 Criminal Procedure Code were instituted on the basis of a police report Annexure P 1 /T. The police had given the following facts on the basis of which the proceedings were initiated

"There is an old Thakardwara Temple in village Adhoya. Earlier this temple was being managed. by the Mahant Prayag Dass, 100 acres of land is in the name of this temple and the same lies in different villages namely Adhoya, Kambasi, Naraingarh, Subri, Sohana, Shahzadpur etc. All this land was being managed by Prayag Dass who during his life time transferred this land in the name of his five grandsons, sons of Raghu Nandan Dass namely Sham Sunder. Ram Kumar etc. by way of a will. After the death of Prayag Dass the said Thakardwara and the land belonging to it was being managed by Raghu Nandan Dass. In village Adhoya there is 22 acres of land belonging to the temple whereon cane and Toria crops are standing. Sham Sunder and other sons of Raghu Nandan Dass started selling the land in pursuance of the aforesaid Will and they started doing un-warranted acts not commensurating with the spirit and sacred motive, for which the temple was constructed. Raghu Nandan Dass protested against this and advised them to refrain from such acts, but they never paid any heed to this advice. Raghu Nandan Dass told the villagers that the things have gone out of his control and on this account he was compelled to leave the village about 1-1/2 years ago and his whereabouts are not known till date to his family members and the villagers. About one month earlier the villagers constituted an eleven members committee headed by. Kanwal Raja Ram Singh as its President and the same was got registered with Sub Registrar, Ambala. The committee and the villagers do not want to entrust the affairs of the temple with Sham Sunder etc. but they have no objection if Sham Sunder father of (sic) Raghu Nandan Dass etc. managed the affairs of the temple. Sham Sunder etc. do not want the managing of the affairs of the temple by this Committee as they claim their ownership on this land and the Thakardwara, but they are not prepared to show the connected papers. At this time Toria and Cane crops are standing on the land and the committee has given the contract to one Birpal Contractor to cut and harvest the crop for Rs. 25,000/-. The aforesaid Committee and the contractor want to cut the crops, but Sham Sunder etc. are not allowing them to do so. There is a tension between the parties in respect of title of the land and anything seems can happen at any time."

3. The learned SDM Ambala having felt satisfied that peace can be disturbed at any time called upon the parties to file their respective claims. He also having considered that it was a case of emergency, ordered attachment of the property irrespective of the claims of the parties.

4. Mr. Dinapur, learned counsel for the petitioner, has urged that the Managing Committee as represented by the petitioner was in possession of the land and this possession could not be disturbed and further that the proceeding under Sections 107/151 Criminal Procedure Code having been instituted there was no requirement for carrying out proceedings under Section 145 Criminal Procedure Code

5. Alongwith the return, the respondents have filed a copy of the jamabandi Annexure R2/1, and in the column of cultivation Raghu Nandan Dass is recorded in possession. Admittedly Raghu Nandan Dass has left the Thakardwara and the possession as well as ownership of the property is being disputed between respondents 2 to 5 on the one side and the Managing Committee on the other side. In the proceedings under Section 145 Cr P.C., the SDM has