Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
URMILA JOSHI-PHALKE, J.
Prasad S/o. Laxman Deukar – Appellant
Versus
Bollineni Venkat Ramanyya – Respondent
JUDGMENT :
(URMILA JOSHI-PHALKE, J.)
1. Heard. Rule.
2. By this petition, the petitioners are seeking following reliefs :
(i) Issue an appropriate writ thereby quash and set aside the order dated 23.9.2022, passed by the respondent in Criminal Case No.2/2022 under Section 145 of the Code of Criminal Procedure. (ii) Issue an appropriate writ thereby quash and set aside the order passed by the Additional District and Sessions Judge, Nagpur in Criminal Revision No.197/2022.
(iii) Considering the facts of the case matter may be kindly remanded to the office of respondent No.2 for fresh disposal after considering all the issues involved in case and as stated in the petition.
(iv) Saddle costs of the petition upon the respondents and;
(v) Grant any other relief as deems fit in favour of the petitioners in the interest of justice.
3. Brief facts, which are necessary for the disposal of the petition are as under :
Ghansham Mahadeorao Dahane was the owner of agricultural land at Mouza Ruikhairi, Taluka Nagpur bearing Survey No.20, admeasuring 2.36 H.R. In 2002, he sold the said land admeasuring 0.81 Hec.R to Vijaykumar Parate and, therefore, Survey No.20 divided into two parts. As per the said divis
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....
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....
Courts must focus on possession and breach of peace under Section 145 Cr.P.C., and not decide title or right of possession. Proceedings under Section 145/146 Cr.P.C. must end if Civil Court is seized....
Proceedings under Section 145 of Cr.P.C. are applicable only to disputes regarding possession and likelihood of breach of peace, not disputes over title. The Executive Magistrate can only decide actu....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
