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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Sayyad Ayaz Ali, s/o Magdum Ali – Appellant
Versus
Sub Divisional Magistrate, Nagpur City, Nagpur – Respondent
| Table of Content |
|---|
| 1. application under section 482 for quashing. (Para 1 , 2) |
| 2. arguments on natural justice and possession. (Para 4 , 5 , 6 , 8 , 9) |
| 3. analysis of ownership and construction issues. (Para 10 , 11 , 12) |
| 4. requirements for notice and fair hearing. (Para 13 , 14 , 15 , 16 , 17) |
| 5. inherent jurisdiction under section 482 analysis. (Para 19 , 21) |
| 6. decision based on likelihood of breach of peace. (Para 20 , 22) |
| 7. application rejected. (Para 23) |
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. The present application is filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 29.12.2023 passed by learned Sub Divisional Magistrate at Nagpur in Criminal Case No.5/2022 under Section 145 of the Code.
2. Facts giving rise to the application are as under:
The Assistant Police Inspector of Gittikhadan Police Station, Nagpur had submitted a report to the Special Executive Magistrate/Sub Division Officer, Nagpur City on 5.9.2023 contending that plot Nos.23A , 24, 25 to 29, and 34 and 35A situated at Shashikant Cooperative Society were purchased by one Prakash Goyal, Om Mittal, and present applicants in the year 2012 from Shri Shashikant Bodad, the President of the said
The court ruled that maintaining status quo under Section 145 of the Code of Criminal Procedure is justified to prevent a breach of public peace in ongoing land ownership disputes.
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....
Injunction cannot be passed against a co-owner, and possession is crucial in resolving disputes under Section 145 of CrPC. Civil court decisions are binding on criminal court proceedings, and multipl....
The invocation of Section 144 requires clear evidence of an emergency; it cannot be used to interfere with ongoing civil disputes without sufficient justification.
Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inheren....
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....
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