1981 Supreme(MP) 743

( 78 )
M. L. Malik, J.
Lallan Prasad v. Nageshwar Prasad.
Cr. Revn. No. 311 of 1981 (J); Decided on. 17-12-1981.

Headnote:(1) Criminal P. C.1973 -- Ss. 107 and 145 -- claim suit filed during pendency of proceedings under S. 145 -- ultimate object achieved -- recourse of S. 107 should be taken if question of maintenance of peace still remains.

        (2) Criminal P. C. 1973 -- S. 145 -- scope of -- It provides only for stop gap arrangement till filing of Civil suit.

        It is not in dispute that a civil suit in respect of the identical subject matter was filed by Nageshwar Prasad of the party No 2 non-applicants and was pending in the Court of first civil Judge Class I, Bilaspur. It is also not in dispute that an application under Order 39 rule 1 and 2 of the Code of Civil Procedure was filed in the said suit and there were already some orders passed in respect thereof. The patty No.1 applicants were parties to the said suit as defendants. It is further not in dispute that the questions relating to title of the parties in respect of the disputed house and their right to possess the same are involved in the said suit.

        Held: The purposes of the provision of section 145 of the Code Criminal Procedure is to prevent a breach of the peace at the instance of the parties who should like law abiding citizens place their dispute before a Civil Court and not take law into their own hands. Even the final order that is contemplated under the Slid provisions is intended only as a stop-gap arrangement. The ultimate objective undoubtedly is to compel the parties to place their disputes before a civil Court and to get proper adjudication on their rights to immovable properties. When the parties have already gone to the civil Court and the civil Court bas already seized of the matter, the ultimate objective of section 145 of the Code is already reached and it is unless to continue with the proceedings under the said section any further. In such a case, if the question of maintenance of peace still remains it can be achieved by taking recourse to proceedings under section 107 of the Code. In the said regard, sub-section (10) of section 145 makes it dear that nothing contained in section 145 shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107 of the Code. Revision dismissed.