Section 145 crpc

Kirtiman Kohli (Querist) 11 August 2011 This query is : Resolved
Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.

Thanking you
Your's faithfully
Kirtiman Kohli

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Raj Kumar Makkad (Expert) 11 August 2011
It is better to go to civil court and obtain stay order against the opposite party to intervene in your peaceful possession over the property in dispute and this is the only way to get end of proceeding pending with SDM.

prashant pundhir (Expert) 12 August 2011
Civil and criminal are two different type of proceedings.U/s 144,145 cr.p.c.,the S.D.M.is impowered to listen the complaint,ask for the reply and also the report on the matter from the concern police station .You attend the court on the fixed date and you will be ask to file your reply .In the mean time,you prepare a good reply of the complaint .
The civil court will not interfere in to the proceedings of the criminal court .