D. K. Seth, J.

1. The opposite party had initiated a proceeding in 1992 under Section 145, Cr. P. c. The property was taken into custodia legia by the court in terms of the Section 146, Cr. P. C. In the said proceeding, the plaintiff was not a party though her brother was a party thereto. Against the said order, a writ petition being Civil Misc. Writ Petition No. 9369 of 1993 was filed in which it was held as follows : "in this writ petition no final order regarding the subject- matter of dispute can be passed. At best the judgments and order passed by the respondents Nos. 1 and 2 could be quashed and Respondent No. 2 could be directed to proceed in the matter after making petitioner No. 1 party to the proceedings, this would however not serve any purpose because the matter is pending in the civil court and during the pendency of the matter in the civil court, the Magistrate would not be entitled to pass any final order in so far as proceeding under Section 146, Cr. P. C. are concerned. The legal position is that the Order passed by the Magistrate in proceedings under Section 145, Cr. P. C. would be subject to the decision of the civil suit filed by petitioner No. 1 in t