1 S.B. CRIMINAL MISC. PETITION NO.1578/2006 Onkar Singh & ors. vs. State of Rajasthan & ors. Date : 10.7.2008 HON'BLE MR. PRAKASH TATIA, J. None present for the petitioners. Mr.Ramesh Panwar, for the respondents. - - - - - Heard learned counsel for the respondents. The petitioners have challenged the proceedings under Section 145 Cr.P.C. as well as the order of the attachment dated 14.9.2006 passed by the S.D.M., Osiyan attaching the land of khasra no.737 and 737/1 measuring 38 bighas 17 biswas situated in Village Anwana of Tehsil Osiyan. Learned counsel for the respondents submitted that the respondents have filed suit for declaration of their rights for agricultural land under Section 188 of the Rajasthan Tenancy Act wherein an interim order has been passed by the trial court under Section 212 of the Rajasthan Tenancy Act. It is also submitted that the petitioners initiated mutation proceedings which 2 terminated in favour of the respondents who were the complainants and aggrieved against the action of the petitioners. Learned counsel for the respondents also submitted that the appeal is pending before the Board of Revenue wherein the interim order was extended by order dated 3.11.2006, copy whereof is placed on record by the respondents at page no.43 along with the reply to the petition. This Court vide order dated 7.12.2006 directed the receiver – SHO, Police Station, Kherapa not to take possession of the disputed land for which attachment order was passed by the Executive Magistrate and was upheld by revisional court in view of the fact that the matter is pending in regular litigation where the rights of the parties will be decided. Therefore, there appears to be no reason for continuation of the proceedings under Section 145 Cr.P.C. as no useful purpose will be served for keeping two proceedings pending. In view of the above reasons, this criminal misc. petition deserves to be allowed for further reason that since last more than 1½ years, there is no order of attachment and no incident has been reported by the parties about any apprehension of 3 breach of peace. The competent court is ceased with the regular litigation for deciding the title of the property and appropriate orders have been passed and can be obtained by the parties, therefore, the proceedings under Section 145 Cr.P.C. deserves to be quashed. Consequently, this criminal misc. petition is allowed, the order dated 7.11.2006 passed by the Court of Additional Sessions Judge NO.1, Jodhpur and the order dated 14.9.2006 passed by the Executive Magistrate are set aside. The property is released from attachment and the proceedings under Section 145 Cr.P.C. are dropped. (PRAKASH TATIA), J. S.Phophaliya