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Judgment
V.K. Gupta, C.J.—The facts as constitute the subject-matter of this petition and the impugned order passed by the learned Magistrate, do not give raise to the proceedings u/s 145, Cr PC and on that ground alone, the proceedings were wrongly drawn up. The facts as constitute the subject-matter u/s 145, Cr PC petition actually point out to the existence of a civil dispute, if any, between the parties.
The order, therefore, drawing up proceedings u/s 145, Cr PC is bad in law and this order dated 3.12.1999 as also the proceedings in Case No. 24/99 pending in the Court of Sri Tasnim Ahmad, Sub-Divisional Magistrate, Ramgarh, are quashed and set aside with all consequences. This petition is accordingly allowed.
The passing of the aforesaid order by me and the quashing and setting aside of the proceedings u/s 145, Cr PC does not at all mean that I have gone into any disputed questions of facts as may be existing between the parties. The proceedings have been set aside only because of the view I have taken that the disputes are of civil nature. The parties are at absolute liberty to agitate all questions in appropriate forum in appropriate proceedings. All issues and questions are left open. The passing of this order shall not construe as any expression of opinion by this Court with respect to such issues or questions.
Application allowed.