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NAND PRABHA SHUKLA
Babbar @ Pabbar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Nand Prabha Shukla, J.)
Heard Sri Romeshwari Prasad, learned counsel for the petitioners, Sri Himanshu Srivastava, holding brief of Sri Vinay Kumar Pandey, learned counsel for the respondents, Sri Rajesh Kumar Gupta, learned A.G.A. for the State and perused the record.
2. By means of this petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned orders dated 18.08.2023 passed by learned Additional Session Judge, Court No. 1, Varanasi in Criminal Revision No. 102 of 2021 Babbar @ Pabbar and others Vs. State of U.P. and others and order dated 27.02.2021 passed by learned Sub-Divisional Magistrate, Sadar, Varanasi in Case No. 15142 of 2020, under Section 145 Cr.P.C., P.S.-Maduadih, District-Varanasi, Ravindra Sonker Vs. Babbar and further not to interfere in the peaceful possession of the petitioners' property during the pendency of this present writ petition.
3. The main submission of learned counsel for the petitioners is that the petitioners are in the peaceful possession of Arazi No. 223/1 admeasuring 2720 square ft. land for the last 45-50 years. By initiating the proceedings under Section 145/146 Cr.P.C. before the Sub
Section 145 proceedings can continue despite a pending civil suit if no protective orders are granted, balancing civil and criminal jurisdiction.
The court affirmed that proceedings under Section 145 Cr.P.C. cannot continue when a civil suit regarding the same property is pending, emphasizing the civil court's authority to determine title and ....
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.
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.
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
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.
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....
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