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MANJARI NEHRU KAUL
Sukhwinder Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. challenge to proceedings regarding property dispute. (Para 1) |
| 2. arguments about possession and prior agreements. (Para 2 , 3) |
| 3. parallel criminal proceedings not permitted during civil suit. (Para 4 , 7 , 8) |
| 4. legal precedent against initiating parallel proceedings. (Para 5 , 6) |
| 5. court's order to quash proceedings. (Para 9 , 10 , 11) |
JUDGMENT
Manjari Nehru Kaul, J.
The petitioners are seeking quashing of proceedings under Section 145 of the Cr.P.C. which were initiated vide report No.11 dated 03.11.2017 (Annexure P-7) with respect to the land measuring 39K- 4M. Besides this, a challenge has also been made to order dated 22.11.2017 (Annexure P-8) passed by respondent No.2-Sub Divisional Magistrate, Jagraon, District Ludhiana whereby respondent No.3-Naib Tehsildar, Sindhwan Bet, Tehsil Jagraon was appointed as Receiver. The petitioners have further laid a challenge to order dated 07.12.2019 (Annexure P-9) passed by learned Additional Sessions Judge, Ludhiana.
2. Learned senior counsel for the petitioners has inter alia made the following submissions:-
When dispute with regard to same subject property is pending in a civil court, parallel proceedings under Section 145 Cr.P.C. are not maintainable before Executive Magistrate.
Point of law: When a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, Court see hardly any justification for initiating a parallel....
Proceedings under Sections 145 and 146 Cr.P.C. require a serious question of possession and cannot continue if civil proceedings regarding the same property are pending.
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.
Criminal proceedings under Section 145 Cr.P.C. cannot proceed when civil litigation is ongoing, as civil court decrees take precedence.
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
Proceedings under Section 145 Cr.P.C cannot proceed when a civil suit regarding the same property is pending, as the civil court has the authority to determine title and possession.
Injunction cannot be passed against a co-owner, and possession is crucial in resolving disputes under Section 145 of CrPC. Civil court decisions are binding on criminal court proceedings, and multipl....
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