Citation:
Petition(s) for Special Leave to Appeal (Crl.) No. 5061/2022
Date of Order:
August 28, 2022
Bench:
Dinesh Maheshwari
Sudhanshu Dhulia
Parties:
Petitioners- Mohd Shakir
Respondents- State of Uttar Pradesh
SUBJECT
This Special Leave Petition was challenging an order passed by the Allahabad High Court which confirmed the decision of the City Magistrate of Mathura to discontinue proceedings in a case before it, as different cases for the same property were already filed in the civil courts. Thus continuing proceedings regarding the case was not possible. A notice that was issued to one party under Section 145 was revoked and his possession to the property was proven. The second party was asked not to interfere in it and that status quo should be maintained. The Court ordered that Magistrate cannot revoke such notice, and should refrain from making any further observations, or recording anything on the matter until the matter is decided upon by the civil courts.
IMPORTANT PROVISIONS
- Section 145, CrPC- This Section authorises the Executive Magistrate of a district to issue an order in writing when he is so satisfied that a dispute exists regarding any land, water or its boundaries, which may cause a breach of peace in the area. The Magistrate calls upon the concerned parties to arrive and state their claims regarding actual possession of the property in dispute.
OVERVIEW
- The property in the case which was filed before the City Magistrate of Mathura was already subject of pending legal proceedings in civil courts under it. Therefore, the City Magistrate discontinued proceedings in the case according to guidelines issued by the Hon’ble High Courts and Supreme Court in various judgements.
- However, the Magistrate had observed and recorded all findings and ordered that the possession that the first party had on the property stands proved and the second party shall not make any interference in it.
- In one of the civil suits, an application for temporary injunction was made by a party which was granted, and the present respondent had appealed against it which was disposed of and the civil suit stands pending.
ISSUES RAISED
- Whether the Magistrate Court can record findings, make observations, and give interim directions while the case under Section 145 CrPC was pending before the civil courts.
JUDGEMENT ANALYSIS
- Much elaboration on the factual aspects of the matter was not necessary. The Court observed that while dropping all legal proceedings on a matter because of pending proceedings on the same matter in civil courts, the Magistrate cannot make any further observations on the same, or make any decision based on the findings received.
- In this case, the Magistrate had proceeded to make observations and also made directions regarding the rights of possession that one party had and then asked the other party to refrain from interfering in the property under question.
- As two civil suits regarding the same matter were already pending before the civil courts, the Magistrate is not justified in making any observations, or recording any findings so as to issue interim directions towards the parties for maintaining status quo. The Magistrate should leave all matters regarding the case to the competent civil courts in which the proceedings are pending and refrain from recording any finding until the matter is disposed of in these courts.
- Thus, the Court clarified that no observations expressed in this order will have any impact on the merits of the aforementioned civil suits, and all documents and evidence submitted by the parties will still be considered in those suits, and all proceedings shall strictly be in line with the law.
CONCLUSION
The Court concluded that it was not under the jurisdiction of the Magistrate to record observations based on the findings and issue interim directions until the matter was disposed of by the civil courts. The Magistrate shall not take any action on the matter and should leave all relevant aspects of it to the judgements of the civil courts. Thus the Special Leave Petition was disposed of.
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