[Cites 5, Cited by 0]
Madhya Pradesh High Court
Bhupender Singh Rakka vs Collector on 12 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:20171
1 MCRC-32997-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 12 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 32997 of 2025
BHUPENDER SINGH RAKKA
Versus
COLLECTOR AND OTHERS
Appearance:
Shri Krishna Kumar Pandey - Advocate for the petitioner.
Shri S.M. Patel - Panel Lawyer for the respondent/State.
Shri Manoj Kumar Sanghi - Advocate for the respondent No.3.
Shri Aditya Awasthi - Advocate for respondent No.4, 9,10, 11, 12
ORDER
1. By the instant petition filed under Section 528 of BNSS, 2023, the
petitioner is challenging the registration of Case No.31/2024, 30/2024 and
38/2024, pending in the Court of S.D.O., Division Gorakhpur, District - Jabalpur.
2. At this stage, learned counsel for petitioner submits that petitioner
confines this petition to case No.31/2024 and will file separate petition in respect
of other two cases.
3. The short facts of the case are that, petitioner and respondent No.3 are
real brothers and are having half half share in the subject property. The petitioner
filed a Civil Suit No.349-A/2024 in the Court of Civil Judge Junior Division,
Jabalpur for declaration and injunction, wherein one application for temporary
injunction has been filed by the petitioner along with the suit under Order 39 Rule
1 and 2 CPC, which was decided by order dated 13.1.2025 and temporary
injunction has been granted in favour of the petitioner.
NEUTRAL CITATION NO. 2026:MPHC-JBP:20171
2 MCRC-32997-2025
4. Thereafter, respondent No.3 filed a complaint under Section 164 of
BNSS, 2023 (145 of Cr.P.C) seeking declaration and injunction and other reliefs.
S.D.O issued notice to the petitioner and other respondents of that proceeding and
challenging the issuance of notice and taking cognizance by the S.D.O., the instant
petition has been preferred by the petitioner.
5. Learned counsel for the petitioner submits that as the civil suit was
already pending between the parties and injunction has already been issued by the
competent Court in the Civil Suit by order dated 13.01.2025, the parallel
proceedings under Section 164 of BNSS, 2023 is not maintainable and amounts to
abuse of the process of law, and thus, liable to be set aside.
6. Learned counsel for the petitioner relied on the judgment delivered by
the Supreme Court in the matter of Ram Sumer Puri Mahant vs. State of U.P. and
others, AIR 1985 SC 472 , wherein the Supreme Court has held that, when a civil
litigation is pending for the property wherein the question of possession is
involved, initiation of a parallel criminal proceedings under Section 145 of
Cr.P.C., would not be justified and liable to be quashed. He prays for quashing the
criminal proceedings initiated under Section 164 of BNSS, 2023.
7. Learned counsel appearing on behalf of respondent No.3 submits that as
there is a dispute in respect of the possession of property as also in respect of the
title, therefore, respondent No.3 has rightly submitted the petition before
S.D.O. under Section 164 of BNSS, 2023 and the same is not liable to be quashed.
However, he fairly excepts that the civil suits are pending between the parties and
by order dated 13.1.2025, injunction has been issued against the respondent No.3
who is the petitioner of criminal proceedings.
8. Learned counsel appearing on behalf of respondent/State submits that
the S.D.O. has only issued a notice and not decided the matter finally and not
NEUTRAL CITATION NO. 2026:MPHC-JBP:20171
3 MCRC-32997-2025
committed any error.
9. Learned counsel appearing for respondents No.4, 7 and 9 supported the
arguments advanced by the counsel for the petitioner.
10. After consideration of the arguments advanced by the learned counsel
and after considering the fact that civil suit is already pending between the parties
and by order dated 13.01.2025, the injunction has been issued in favour of
petitioner, the parallel proceeding is not maintainable as held by the Supreme
Court in the matter of Ram Sumer Puri Mahant (supra ), and consequently, the
proceedings initiated before the learned Magistrate under Section 164 of BNSS,
2023, is liable to be quashed. The proceedings are hereby quashed.
11. At this stage, learned counsel appearing for respondent No.3 prays for
grant of liberty to assail order dated 13.01.2025, in accordance with law.
12. Respondent No.3 shall be at liberty to challenge that order as per the
provisions of law, before the competent Court.
13. The liberty is granted to the petitioner to file separate petition in
respect of Case No.30/2024 and 38/2024.
14. With the aforesaid, present petition is allowed.
(VINAY SARAF)
JUDGE
irfan
