Criminal - Jurisdiction - Section 145 of Criminal Procedure Code, 1973 (Cr.P.C.) - Whether, order passed by Sub-Divisional Magistrate was within jurisdiction - Held, jurisdiction of Magistrate to deal with application under Section 145 of Cr.P.C. was not taken away only because in meantime Civil Court had passed an order of injunction in favour of party - Sub-Divisional Magistrate could came to his own conclusion as to which of two parties was in possession of disputed property on date of preliminary order or within two months thereof - However where Receiver was appointed by Magistrate after attaching property, possibility of unsuccessful party in whose favour there was an order of injunction claiming that property was attached from its possession could not be ruled out - In such circumstances to avoid further complications property should continue in possession of receiver till decision of Civil Court - Thus party in whose favour decision of Civil Court was given might get back possession of property from receiver as also mesne profits collected by him - Hence order passed by Sub-Divisional Magistrate was according to law and within jurisdiction - Petition dismissed.

ORDER