Parallel Proceedings U/S 145 Of CrPC Are Unsustainable When Civil Suit Concerning Same Property Is Already Pending: Patna HC

The Patna High Court has held that parallel proceedings under Section 145 of the Cr.PC are unsustainable when a civil suit concerning the same property is already pending, and that an attachment order under Section 146 Cr.PC requires an “emergent situation” which is more than a mere apprehension of breach of peace.Justice Jitendra Kumar observed, “It is also pertinent to point out. The Patna High Court has held that parallel proceedings under Section 145 of the Cr.PC are unsustainable when a civil suit concerning the same property is already pending, and that an attachment order under Section 146 Cr.PC requires an “emergent situation” which is more than a mere apprehension of breach of peace. The Civil Court is also competent to adjudicate the dispute regarding actual possession of the property between the parties and pass interim order during pendency of the Civil Suit.” “Hence, no purpose would be served by permitting parallel criminal proceeding under Section 145 Cr.PC by Executive Magistrate. Hence, there is no justification for continuation of parallel proceeding under Section 145 Cr.PC, if Civil Suit is already pending in Civil Court in regard to the landed property in question,” Justice Kumar added.