G. A. SANAP
Sau. Maya Vidyanand Moon – Appellant
Versus
Kirtimala Bhanudas Bhagat – Respondent
JUDGMENT
G. A. Sanap, J. - In this writ petition, filed under Articles 226 and 227 of the Constitution of India, correctness of the order dated 07.09.2017 passed by learned Additional Session Judge-3, Chandrapur in Criminal Revision No. 30/2012 is questioned. By the impugned order, learned Additional Sessions Judge, Chandrapur was pleased to dismiss the revision application and confirm the order passed by the learned Sub-Divisional Magistrate, Chandrapur dated 12.03.2012, whereby the learned Sub Divisional Magistrate had directed the petitioners not to disturb and interfere in the possession of the respondent nos.1 to 7 over 9000 sq.ft. land.
2. The facts leading to this petition are as follows :
The petitioners are the executive body members of a trust known as 'Dhamma Prasar Samiti', registered under the Maharashtra Public Trust Act, 1950, in the year 1994. The respondent nos.1 to 7 are claiming to be the members of a trust known as 'Nalanda Bal Sanskar Kendra'. The dispute between the petitioners and respondent nos.1 to 7 was in respect of possession over the land admeasuring 9000 sq.ft., part of survey No. 218, situated at mouza Durgapur, Chandrapur. As per the petitioners, the la
The objective of Section 145 of Cr.P.C. is to maintain law and order by preserving possession, not to decide title or right to possession.
The judgment emphasizes the limited scope of enquiry under section 145 Cr.P.C., focusing on de-facto possession and the applicability of section 146(1) Cr.P.C. in cases of emergency or when the Magis....
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
Point of law: When a civil litigation is pending for the same property wherein the question of possession is involved and the parties are in a position to approach the civil court for interim orders ....
The Executive Magistrate's findings on possession under Section 145 Cr.P.C. are binding unless proven perverse, and jurisdiction over title disputes lies with civil courts.
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
Criminal Procedure Code, 1973 – Section 145 – Life of order passed under Section 145 of Cr.P.C. is conterminous with passing of decree by a Civil Court.
The ingredients necessary for passing an order under Section 145 (1) of the Code would not automatically attract for the attachment of the property. Under Section 146, a Magistrate has to satisfy him....
An order under Section 145 of the Code of Criminal Procedure regarding possession remains effective until reversed by a competent civil court, and such orders have evidentiary value regarding possess....
The proceeding under section 145 Cr.P.C. can be maintained even when a civil suit is pending, especially if there is an apprehension of breach of peace and no effective order is in existence or has a....
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