The main legal point established in the judgment is the avoidance of multiplicity of litigation and the need to abide by the final outcome of the civil suit in the context of applying Section 145 Cr.P.C. to a property dispute.

JUDGMENT :

1. Heard Sri Raj Kumar Khanna learned counsel for the applicant and Sri Satish Trivedi (Senior Advocate) assisted by Sri Sheshadri Trivedi learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

2. The present applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. beseeching the quashing of the order dated 04.03.2021 passed by City Magistrate, Mathura, under Section 145 (1) Cr.P.C. in Case No.35 of 2021 (Aman Deep Singh vs. Adarsh Pal Gupta) and entire proceeding of said case under Section 145 Cr.P.C.

3. Facts culled out from the record reveals that the property in question known as Hari Nikunj Ashram exist in two separate buildings situated at Sri Radha Rani Anna Kshetra, Sri Banke Bihari Colony, Vrindavan, Mathura. Police has submitted report dated 02.03.2021 with an averment that the first party (applicant herein) and the second party (contesting opposite party herein) are claiming their right, title and possession over the property in question, therefore, considering the strained situation on spot both the parties may be summoned and Ashram (property in question) may be attached till the decision with respect to the right and possession of parties over there, so that, law and order could prevail. Considering the police report, learned Magistrate, by order dated 04.02.2021, has passed preliminary order under Section 145 (1) Cr.P.C. calling upon the parties to present their respective cases with respect to the possession and title over the property in question, which is under challenge before this Court.

4. Learned counsel for the applicant has hammered the preliminary order under Section 145 (1) Cr.P.C. on the ground of pendency of the Civil Suit No.15 of 2021 and submitted that the property in question namely Hari Nikunj Ashram is run under the supervision and control of Panchayati Akhada Nirmal. Owing to disturbance in the possession of Panchayat Akhada Nirmal created by the opposite party no.2 (second party in proceeding under Section 145 Cr.P.C.), Panchayati Akhada Nirmal along with Hari Nikunj Ashram has filed a civil suit being O.S. No.15 of 2021 dated 06.01.2021 for permanent prohibitory injunction against the opposite party no.2 herein. Considering delay in decision on the interim injunction application plaintiff has approached before this Court by moving a petition being mater Under Article 227 No.115 of 2021. Coordinate Bench of this Court, vide order dated 13.01.2021, has disposed of the said petition with a direction to decide the interim injunction application (7-C) within a period of one months, however, interim protection for maintaining status-quo was granted as well for a period of two months or till the decision on the aforesaid application, whichever is earlier. During pendency of the aforesaid civil suit, preliminary order dated 04.03.2021 under Section 145 (1) has been passed on the basis of police report dated 02.03.2021. Interim injunction application was rejected by order dated 09.09.2021 (Annexure-C.A.1), however, Misc. Appeal No.28 of 2021 is still pending against said rejection order. It has been emphasized that during the existence of interim order passed by Hon’ble High Court, vide order dated 13.01.2021, and pendency of the civil suit which was filed on 06.01.2021, learned Magistrate had inherent lack of jurisdiction to entertain the police report and pass preliminary order under Section 145 (1) Cr.P.C. It is further submitted that the possession of the first party (applicant herein) is evident from the Ameen report dated 14.01.2021 submitted in the civil suit and the observation made by the trial court in its order dated 09.09.2021. It is further submitted that in the light of the fact that the civil suit was pending before the court competent and opposite party no.2 has a remedy to file an appropriate application for the possession and appoint a receiver for the purposes of protection of the property in question, there is