Jammu and Kashmir Court July 1961 Judgments

Shambu Nath Vs. Moh'd Bhat and Ors.

Court: Jammu and Kashmir

ORDERS.M. Fazl Ali, J.1. This is an application directed against an order of the trial magistrate refusing to stay the proceedings drawn under Section 145 of the Code of Criminal Procedure between the parties.2. From the admitted facts, it appears that the subject matter of the Proceeding under Section 145 Cr. P.C. is the same as that of a civil suit instituted by the petitioner prior to the institution of the proceedings under Section 145 Cr. P.C. The suit is one for permanent injunction, and therefore, the only question to be decided in that case is the question of possession.It is also admitted that the civil suit has been filed previous to the proceedings under Section 145 Cr. P.C. and the decision, in the civil suit will, no doubt, settle the dispute finally between the parties. Under these circumstances, the question for me to consider is as to whether the criminal proceedings should be stayed. It is true that normally this Court does not exercise its extraordinary jurisdiction] ...