THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION No. 7307 of 2008 DATE: 23-03-2011 Between: Kilari Anand Paul .. Petitioner And The Sub-Divisional Magistrate, Visakhapatnam and 2 others .. Respondents THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION No. 7307 of 2008 ORDER: The present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in M.C.No.4 of 2008 on the file of the Sub- Divisional Magistrate, Visakhapatnam dated 30.10.2008. It is the contention of learned counsel appearing for the petitioner that there are civil disputes between the parties herein and the subject matter relates to O.S.No.1750 of 2007 on the file of the Principal Junior Civil Judge, Visakhapatnam and that exercising the powers under Section 145 of Cr.P.C. are only valid for six months and the entire enquiry is to be completed within that period. In the present case, the order under Section 145 of Cr.P.C. is dated 30.10.2008 and there is a time gap of more than six months as mandated under Section 145 of Cr.P.C. and viewed from any angle the impugned proceedings are nullity. Now the point for consideration is whether the proceedings in M.C.No.4 of 2008 are sustainable? As seen from the impugned order in M.C.No.4 of 2008, the complainant i.e. the Inspector of Police, IV-Town Police Station, Visakhapatnam City has placed information in Crime No.564 of 2008 under Section 145 of Cr.P.C. stating that the respondents 1 and 2 are brothers and there are disputes regarding their rights on the subject matter and that there are several properties in the name of the societies i.e. 1) the Ancient Pattern Pent Coastal Church; and 2) Gospel to Unreached Millions, and presently they are worth in crores of rupees and both the parties while disputing the same in Civil Courts and during the pendency of status-quo order, both parties are trying to gain possession over the property i.e. the above building of above societies situated at Door No.43-5-32/A, Railway New Colony, Visakhapatnam. Having satisfied with the complaint, the learned Sub- Divisional Magistrate, Visakhapatnam issued proceedings appointing the Tahsildar, Visakhapatnam (Urban) Mandal as receiver for the schedule mentioned property and directed to take possession of the same and keep in his possession until further orders. Admittedly, the 3rd respondent herein filed a suit against the petitioner in O.S.No.1750 of 2007 on the file of the Principal Junior Civil Judge, Visakhapatnam and I.A.No.3076 of 2007 filed therein for injunction, which was dismissed since the suit is not maintainable and the said suit is pending and posted for trial. Suppressing the above facts and pendency of the same, O.P.No.786 of 2008 was also filed under Section 23 of the Societies Act and I.A.No.1279 of 2008 and order of status-quo was obtained. With the status-quo order the 3rd respondent herein tried to interfere with the activities of the society. When there are civil disputes between the parties, it is for the civil Court to decide, who is in possession of the property and who is the President of the Society. In the complaint it is made it clear that there are civil disputes between the parties and order of status-quo is also there. When the subject matter is before the Civil Court, the Sub- Divisional Magistrate, Visakhapatnam cannot initiate proceedings under Section 145 of Cr.P.C. Therefore, in view of the pendency of the civil suit, unless the rights of the parties are adjudicated in due course of trial, the impugned order has no legs to stand. Thereby, the proceedings in M.C.No.4 of 2008 on the file of the Sub-Divisional Magistrate, Visakhapatnam dated 30.10.2008 are liable to be quashed. Accordingly the Criminal Petition is allowed quashing the proceedings in M.C.No.4 of 2008 on the file of the Sub-Divisional Magistrate, Visakhapatnam dated 30.10.2008. _______________ K.S.APPA RAO, J 23-03-2011 MR THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION No. 7307 of 2008 DATE: 23-03-2011 MR