Madhya Pradesh High Court
Hemant Bhoj vs The State Of Madhya Pradesh on 20 March, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:6556
1 MCRC-11743-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 20th OF MARCH, 2025
MISC. CRIMINAL CASE No. 11743 of 2025
HEMANT BHOJ
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Gaurav Mishra - Advocate for applicant.
Dr. Anjali Gyanani - Public Prosecutor for the State.
ORDER
This application under Section 528 of B.N.S.S. has been filed against
the order dated 27.02.2025 passed by Sessions Judge, Datia in Criminal
Revision No.82/2024 as well as order dated 04.11.2024 passed by S.D.M.,
Sub-Division Datia, District Datia in Case No.07/145/CRPC/2021.
2. It is submitted by counsel for applicant that in the proceedings,
which are pending under Section 145 of Cr.P.C., applicant filed an objection
with regard to maintainability on the ground of pendency of civil suit
between the parties. On the first occasion, said application was rejected.
However, matter was remanded back by the Sessions Judge for re-
adjudication of the matter afresh. Even after remand, objection was
dismissed by the S.D.M., Datia by order dated 04.11.2024. Being aggrieved
by the said order, applicant preferred a revision which has beeen dismissed
by Sessions Judge by order dated 27.02.2025.
NEUTRAL CITATION NO. 2025:MPHC-GWL:6556
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3. It is submitted by counsel for applicant that once the civil suit is
pending, then in the light of judgments passed by the Supreme Court in the
case of Ram Sumer Puri Mahant v. State of U. P. reported in AIR 1985 SC
472 as well as Amresh Tiwari vs Lalta Prasad Dubey reported in AIR 2000
SC 1504, the parties can approach the civil court for adjudication of their
rights and the proceedings under Section 145 of Cr.P.C. are unwarranted.
4. Heard counsel for applicant.
5. The revisional court in paragraph 12 of the impugned order has
mentioned that the application filed by applicant under Order 39 Rule 1 and
2 of C.P.C. has been dismissed by the trial court by order dated 31.10.2023.
However, counsel for applicant is not in a position to make a statement as to
whether aforesaid order passed by the trial court was ever challenged by the
applicant under Order 43 Rule 1 (r) of C.P.C. or not.
6. Since applicant has already approached civil court but has failed to
obtain order of temporary injunction, then this Court is of the considered
opinion that proceedings under Section 145 of Cr.P.C. cannot be said to be
not maintainable because under these proceedings, Magistrate is only
required to verify as to who was in possession of the property in dispute two
months prior to the institution of the proceedings. Magistrate is not required
to decide the title.
7. Where possession of the applicant has not been protected by the trial
Court, then the Magistrate can proceed further with proceedings under
Section 145 of Cr.P.C. However, since counsel for applicant is not in a
position to make a statement as to whether any miscellaneous appeal was
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ever filed against order dated 31.10.2023, therefore, this petition is disposed
of with following observations :-
(i) If order dated 31.10.2023 was not challenged and it has attained
finality, then S.D.M. can proceed further in the proceedings registered under
Section 145 of Cr.P.C.
(ii) If any miscellaneous appeal was filed and it has been dismissed,
still the Magistrate can proceed further in the proceedings initiated under
Section 145 of Cr.P.C.
(iii) If a miscellaneous appeal has been filed and it is pending, then the
applicant is granted liberty to file a fresh objection with regard to
maintainability in case if he succeeds in the miscellaneous appeal filed by
him.
8. If the appeal is dismissed, then the liberty granted by this Court in
Clause (iii) shall not be available to applicant.
9. With aforesaid observations, this application is finally disposed of.
(G. S. AHLUWALIA)
JUDGE
AKS
