Parallel proceedings under Sections 145 and 146 CrPC should not continue during pending civil adjudication.

The petitioners, who were the second party in proceedings before the Executive Magistrate, challenged the order dated 23 March 2023 passed in Case No. 198/2020 corresponding to T.R. No. 08/2021.

The Executive Magistrate had attached the disputed land under Section 146(1) of the Code of Criminal Procedure, 1973 (“CrPC”), and appointed the Circle Officer, Jagdishpur, as receiver under Section 146(2) CrPC.

The dispute originated in proceedings initially instituted under Section 144 CrPC and subsequently converted into proceedings under Section 145 CrPC.

A title suit concerning the same property, Title Suit No. 60 of 2022, was already pending before the civil court.

Whether proceedings under Sections 145 and 146 CrPC should continue when a civil suit concerning title and possession of the same property is pending before the competent civil court.

Whether the Executive Magistrate’s order dated 23 March 2023 attaching the disputed property under Section 146(1) CrPC and appointing a receiver under Section 146(2) CrPC was liable to be quashed.

The Court applied Sections 144, 145 and 146 CrPC, which concern preventive orders, disputes relating to possession of immovable property likely to cause a breach of peace, and attachment/receivership of the disputed property, respectively.

Relying on Ram Sumer Puri Mahant v. State of U.P. & Ors., (1985) 1 SCC 427, and Amresh Tiwari v. Lalita Prasad Dubey, 2001 (1) PLJR 135 (SC), the Court reiterated that parallel proceedings under Section 145 CrPC should not ordinarily continue where a civil suit concerning title or possession of the same property is pending and the parties can seek appropriate interim protection, such as an injunction or appointment of a receiver, from the civil court.

The civil court’s adjudication and orders concerning title and possession are binding and should not be undermined by parallel preventive criminal proceedings.

The Court found that the dispute was essentially civil in nature because the parties were already contesting the title and possession of the same property in Title Suit No. 60 of 2022.

Applying the principle against parallel proceedings stated in Ram Sumer Puri Mahant and Amresh Tiwari, the Court held that continuation of the Section 145/146 proceedings would create duplicative litigation and risk conflicting determinations regarding possession.

Since the parties could obtain interim protection, including injunction or receivership, from the civil court, there was no justification for maintaining the Executive Magistrate’s attachment and receivership order.

The Court accordingly characterised continuation of the proceedings as an abuse of the process of law.

It held that the parallel proceedings under Sections 145 and 146 CrPC could not continue while the civil dispute concerning the same property was pending before the civil court.

The order dated 23 March 2023, attaching the disputed land under Section 146(1) CrPC and appointing the Circle Officer as receiver under Section 146(2) CrPC, was quashed.

The application was disposed of, with the parties agreeing to pursue their remedies before the court hearing Title Suit No. 60 of 2022.