IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 28175-M of 2006 Date of decision: 1st October, 2010 Baba Anand Giri Chela Shankar Giri … Petitioner Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ajay Jain, Advocate for Mr. Jaswant Jain, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana for respondent No.1. None for respondents No.2 to 10. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of Calandra under Section 145 Cr.P.C. dated 11th April, 2006 (Annexure P-5) and the order dated 12th April, 2006 (Annexure P-6) passed by the Sub Divisional Magistrate, Hisar, whereby the land in question was attached. Counsel for the petitioner has drawn my attention to the suit for permanent injunction (Annexure P-1) filed by the petitioner against the respondents with a prayer that they be restrained from forcibly dispossessing the petitioner. It is stated that the suit was instituted on 21st March, 2006. On 28th March, 2006, vide order (Annexure P-2), the Civil Court had directed the parties to maintain status quo regarding possession of the property of Dera Smadh Sanjha Gir. Criminal Misc. No. 28175-M of 2006 Counsel for the parties are unable to state the status of the civil suit. It has been held by the Courts that once the parties have approached the Civil Court, the land in dispute cannot be attached and the authorities have to abide by the decision of the Civil Court. However, in case there is any apprehension of breach of peace, the authorities can always resort to invoke the provisions of Sections 107 and 151 Cr.P.C. Thus, in case of any apprehension of breach of peace, the respondents will be well within their rights to invoke the provisions of Sections 107 and 151 Cr.P.C. so that there is no breach of peace. However, the proceedings under Section 145 Cr.P.C. are hereby quashed in view of the pendency of the civil suit between the parties and order of status quo passed by the Civil Court. Needless to say, the parties shall abide by the decision of the Civil Court. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 1, 2010 rps 2