High CourtsSingle Bench(2023) 08 SIK CK 0058

Narayan Pradhan vs Sub-Divisional Magistrate, Rongli, Pakyong District, Sikkim, Pin � 737101 & Others

Sikkim High Court · Decided on 30 August 2023

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Criminal Miscellaneous Case. No. 2 Of 2023

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Judgment

6 paragraphs · 249 words

Bhaskar Raj Pradhan, J

1.

The present petition under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) is for setting aside the order dated 31.3.2023 passed by the learned Sessions Judge (Special Division-I), Sikkim at Gangtok. The order dated 31.3.2023 was passed while examining a revision petition preferred against an order dated 21.2.2022 passed by the learned Sub-Divisional Magistrate, Rongli, Pakyong in exercise of the power under section 145 Cr.P.C.

2.

By way of I.A. No. 1 of 2023, the respondents no. 2, 3 and 4 have placed several orders passed by the Court of the learned Civil Judge, Rongli Sub-Division. The same is allowed since the documents are relevant. These orders make it evident that the respondents have preferred a civil suit against the petitioner herein with regard to the same subject matter.

3.

Mr. K.T. Tamang, learned counsel for the respondents no.2, 3 and 4, relies upon a judgment of the Supreme Court in Mohd. Abid and Ors. Vs. Ravi Naresh and Ors. 2022 LiveLaw SC 921, which holds that once a Civil Court is seized of the matter, it goes without saying that the proceedings under section 145/146 Cr.P.C. cannot proceed and must come to an end.

4.

In view of the clear pronouncement of the Supreme Court, the proceedings under section 145 Cr.P.C. must necessarily come to an end. It is accordingly so ordered. The petition under section 482 Cr.P.C. is, therefore, rendered infructuous.

5.

I.A. no.1 of 2023 also stands disposed of.