' This application under section 561-A, Cr.P.C. Has been moved by the petitioner for quashment of the proceedings initiated in the Court of Magistrate under section 145, Cr.P.C. Relating to a dispute over a shop and 'Bala Khana' between the petitioner and respondents Nos. 1 and 2.
2. The brief facts of the case are that the Police filed a complaint under section 145, Cr.P.C., in the Court of Magistrate to proceed with the same. The complainant also lodged a private complaint in the said Court on the same day with the said purpose. The Magistrate while taking cognizance passed a preliminary order expressed his satisfaction with regard to the dispute and also passed an attachment order contemplated under section 145 of the Cr.P.C. And with a further direction that the parties should submit their claim. The petitioner submitted his written statement after which the Court ordered the parties to produce their evidence. The petitioner being aggrieved of the preliminary order which include the attachment order and also the proceedings in the lower Court approached this Court as already stated.
3. The learned counsel for the parties were heard, record perused. If one reads section 145, Cr.P.C.
The whole scheme of which is to empower a Court, to give its findings with regard to the possession of certain property which is in dispute and has got no jurisdiction to do anything more than that i,e, with regard to the title etc. In the instant case if we read the complaint submitted by the Police and also that filed by the complainant reveal in very vivid words that the petitioner is the tenant under respondents Nos.1 and 2 on the disputed property who stopped the payment of rent for some times. The complaint of the Police also reveals that the contested respondents i,e, respondents Nos. 1 and 2 have taken the law in their hands and first of all they attempted to block the approach of the petitioner to 'Bala Khana' by constructing a wall and also attacked the petitioner to eject him forcibly from the disputed property and which leads to an apprehension of breach of peace. The respondents Nos.1 and 2 have also made a recourse to the civil remedy provided under the Rent Laws by an ejectment petition in the Court of Rent Controller and in which the application for the maintenance of status quo has also been submitted by him which relief (the status quo) was once granted subject to the notice after which it was vacated after hearing of the parties. The complaint does not deserve to proceed with as there is no dispute with regard to the possession of the disputed property as the respondents in a very clear terms have admitted the possession of the petitioner over the disputed property except with an allegation that he is not paying rent so in such a situation when it is the respondents who are creating a dispute and bringing it within the meaning of section 145, Cr.P.C. Then it would not be in the ends of justice and fairplay to allow them to take the law in their hands and to reap the benefits of their this unlawful act. The material on record also shows that the main dispute between the parties is with regard to the construction of a wall and not with regard to the shop and 'Bala Khana' but that is only an incidental one to the main dispute. The respondents are also not within their rights to initiate such like proceedings under section 145, Cr.P.C. When they themselves admitting the petitioner as their tenant and, however, such a dispute if exists with the apprehension of some breach of peace then the proceedings under section 107, Cr.P.C. Would be proper and sufficient to be taken against the parties. The learned trial Court while passing an attachment order restraining the parties from approach/interference in the disputed property did not address himself with regard to the emergency nature of the case and passed the said order which also is not in accord with the provisions of law i,e, 2nd proviso to subsection (4) of section 145, Cr.P.C.
4. Keeping in view the facts and circumstances of the case as stated above, the proceedings under section 145, Cr.P.C. Are not warranted which are hereby quashed and in consequence of which the order, dated 15-8-1993 stands vacated.