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.

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 land bearing survey No. 218, Navin Nagar, Town Planning No. 1036, Sheet No.10, admeasuring 21081 sq.ft., was allotted to Dhamma Prasar Samiti in the year 1985.

The land admeasuring 9000 sq.ft. claimed to have been in possession of respondent nos.1 to 7, according to the petitioners, is belonging to the trust managed by them.

3. The dispute between the petitioners being the executive members of Dhamma Prasar Samiti and the respondent nos.1 to 7 being the members of Nalanda Bal Sanskar Kendra, started on the point of actual possession of said 9000 sq.ft. land. The petitioners claimed right over the said property being allottee in 1985. The respondent nos.1 to 7 being the members of Nalanda Bal Sanskar Kendra claimed right and possession over said 9000 sq.ft. land. According to respondent nos.1 to 7, the original owner of the said land was Isak Nehmay. Said Isak, in the year 1991, gifted the disputed land to the respondent nos.1 to 7. The said land since then has been in possession of respondent nos.1 to 7.

4. The dispute between the parties started way back in the year 2002. In-charge of Police Station, Ramnagar, Chandrapur on 12.04.2002 filed Istegasha bearing No. 02/2002 under Section 145 of the Code of Criminal Procedure before the learned Sub Divisional Magistrate. In the said Istegasha, in-charge of police station, Ram Nagar, contended that there was serious dispute between the parties in respect of the property in question. They are fighting with each other by claiming their possession over the said piece of the land. In-charge of the police station, therefore, requested the learned Sub Divisional Magistrate, Chandrapur to pass an appropriate order under Section 145 of Cr.P.C. Learned Magistrate passed the preliminary order directing both the parties to submit their written statements to justify their possession over the disputed land. After considering the written statements of the parties and the documents, learned Magistrate initially on 19.08.2002 found the petitioners in possession of the land and directed the respondent nos.1 to 7 not to disturb their possession. Respondent nos.1 to 7 challenged this order in the District and Sessions Court, Chandrapur. Learned Ad-hoc Additional Sessions Judge, Chandrapur by his order dated 19.07.2003 was pleased to allow the revision application. The order passed by the learned Sub Divisional Magistrate was set aside and the matter was remanded to the learned Magistrate for fresh enquiry in the backdrop of the observations made in the order dated 19.07.2003.

5. Learned Sub Divisional Magistrate conducted the inquiry afresh and passed the order on 12.03.2012. During fresh inquiry, the learned Magistrate found the respondent nos.1 to 7, on the basis of the material on record, in possession of the said property and