IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4163 of 2024 Itishree Mallick …. Petitioner(s) Mr. B. B Mishra (2), Advocate -versus- Santi Dei and others …. Opposite Party(s) Mr. B. Pujari, Advocate for O.P. Nos. 6 & 7 CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 10.03.2025 04. 1. Heard. 2. The petitioner has initiated a proceeding under Section 145 Cr.P.C. before the learned Additional D.C.P.-cum-Executive Magistrate, Cuttack against the respondents. The learned Court below has dismissed the application inter alia observing as under:- “In view of the above facts and circumstances, this Court opined that the dispute between the parties is purely civil in nature and as it relates to lease agreements, right, title, interest and possession of parties. Due to lack of jurisdiction, this Court cannot adjudicate the dispute. All these facts can only be adjudicated before competent Civil Court. The 1st Party is at liberty to approach before Hon’ble Civil Court for redressal of her grievance. Similarly, as regards to lifting of centering articles from the schedule land, concerned P.S. will decide who has engaged them. Hence, the proceeding is disposed of with the above observation. However, IIC, Badambadi P.S. is directed to prevent breach of peace on the suit land, by taking appropriate legal action.” 3. The learned Additional D.C.P.-cum-Executive Magistrate, Cuttack, Cuttack in nutshell, has arrived at a conclusion that the inter-se dispute between the parties could only be settled through a civil proceeding. The said dismissal order passed by the learned Additional D.C.P.-cum-Executive Magistrate, Cuttack was assailed by the petitioner by filing Criminal Revision No.100 of 2024 before the learned Session Judge, Cuttack. The learned Session Judge, Cuttack vide its order dated 22.10.2024 has upheld the findings recorded by the learned Magistrate. 4. Learned counsel for the petitioner submits that civil suit between inter-se parties is pending adjudication. 5. In view of the observation made by the learned Additional D.C.P.-cum-Executive Magistrate, Cuttack, which has been upheld by the learned Sessions Judge, Cuttack, I am of the considered view that no interference is called for in this matter. The inter-se dispute between the parties would be obviously settled by the civil court in the civil proceeding without being influenced by any observation made by either the Sessions Court or the Magistrate. 6. With this observation, the CRLMC is disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer