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Judgment
Vikramaditya Prasad, J.—This petition is filed for quashing the order dated 17.2.2001 passed by Sub-Divisional Magistrate. Dhanbad whereby the learned Magistrate has initiated proceeding u/s 145, Cr PC considering the report of the Circle Officer that there was chances of breach of peace. This order is relates to M.P. Case No. 828 of 2000 pending in the Court of S.D.J.M., Dhanbad.
Learned Counsel for the petitioner relying on a decision reported in 2001 JLJR 106 SC, submitted that when a title suit with regard to same properties is pending in the civil Court and when prayer for injunction has been refused by the competent Court then this proceeding cannot continue.
Learned Counsel for the opposite parties, opposed the contention of the petitioner and submitted that even in face of pendency of a title suit with regard to the same property in a competent Civil Court, if there is apprehension of breach of peace to initiate a proceeding u/s 145, Cr PC can be there. The decision relied on by the learned Counsel for the petitioner (supra) squarely covered in the circumstances of the case. If the learned Sub-Divisional Magistrate has apprehension of a breach of peace then he may take recourse the provisions of Section 107 Cr. P.C, and other provisions of the Act. But in both the cases, i.e., in title suit as well as in a proceeding u/s 145, Cr PC the matter of enquiry will be with regard to possession, so a proceeding u/s 145, Cr PC cannot be continued.
In the result, the impugned proceeding is quashed and the petition is allowed accordingly.