Parallel criminal proceedings concerning land disputes and property attachment are not maintainable when a civil suit involving title and possession is pending before a competent court, as the civil court holds authority to grant interim relief and conclusively adjudicate all property rights between the parties.

ORDER :

FARJAND ALI, J.

1. The instant criminal revision petition, preferred under Section 438 of the BNSS, has been instituted on behalf of the petitioner assailing the legality and propriety of the order dated 18.11.2024 passed by the learned Additional Sessions Judge, Makrana, District Nagaur, Rajasthan, in Criminal Revision No. 18/2024, whereby the revision petition preferred by the respondents came to be allowed and the order dated 04.09.2024 passed by the learned Sub-Divisional Magistrate, Makrana in proceedings No. 6/2023 was set aside.

2. The brief facts of the case, concisely stated, are that the petitioner, claiming to be a co-sharer in agricultural land bearing Khasra Nos. 81 and 81/1 admeasuring 3.7088 hectares situated at village Besaroli, alleged that the said land originally belonged to Pannaram, who is the father of the petitioner and that he has been in possession and cultivation thereof.

2.1 It was contended that Pannaram executed a gift deed in favour of the private respondents with an intention to deprive the petitioner of his lawful share, whereafter proceedings were initiated before the Sub-Divisional Officer, Makrana, which are still pending. The petitioner further alleged that the respondents are attempting to forcibly dispossess him, damage crops, and create law and order issues, giving rise to an apprehension of breach of peace.

2.2 Upon police inquiry, the learned SDM, Makrana, vide order dated 04.09.2024, directed attachment of the disputed property and appointment of a receiver. However, the said order was set aside by the learned Additional Sessions Judge, Makrana, vide impugned order dated 18.11.2024, passed in a revision petition preferred by the respondents. Aggrieved thereby, the petitioner has preferred the present revision petition.

3. Heard the learned counsel appearing on behalf of the parties and perused the material available on record.

4. Upon perusal of the material available on record, it is emerging that the disputed khasra Nos. 81 and 81/1 stood recorded in the name of respondent No.2 as khatedar. It is also not in dispute that a civil suit seeking cancellation of the transfer executed in favour of respondents Nos. 2 and 3, which came to be rejected under Order VII Rule 11 CPC for want of jurisdiction and the appeal thereagainst is stated to be pending before this Court. Further, an order dated 28.10.2021 has been passed by this Court restraining further alienation of the disputed property. It is also an admitted fact that petitioner has instituted proceedings before the Sub-Divisional Officer, Makrana, seeking partition, declaration and permanent injunction, wherein an order of status quo has been passed. Notably, in the said proceedings, petitioner himself has acknowledged joint possession of the disputed land with the respondents.

5. It is imperative to discuss the precedents set by Hon’ble the Supreme Court concerning Sections 145 and 146 of Cr.P.C. and to fully comprehend the legal position, it is necessary to first reproduce these provisions, which are provided below for ready reference:-

“145. Procedure where dispute concerning land or water is likely to cause breach of peace.—

(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in