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ANIL KUMAR SINHA
Ranjan Kumar – Appellant
Versus
State of Bihar Through Principal Secretary – Respondent
JUDGMENT AND ORDER
The petitioner, by way of present writ application, has challenged the order, dated 09.07.2021, passed by the Sub Divisional Magistrate, Sheikhpura, by which in the light of the order, dated 28.11.2016, passed in Case No. 832M of 2013, deputed the Circle Officer, Sheikhpura, as Magistrate, to ensure law and order situation, at the time of construction of boundary wall upon the subject land by the respondent no. 7, namely, Hargouri Mahto. The Station House Officer, Sheikhpura Police Station, was also directed to depute the police force in order to provide necessary help for construction of the boundary wall.
2. The relevant facts, culled out from the statement made on behalf of the parties, is that the disputed land was recorded in the name of one Tuna Mahto, having a total area of 85 decimals, situated at Village Jamalpur, Thana No. 167, Khata No. 13, Khesra No. 159. The only son of Tuna Mahto, namely, Ganauri Mahto, sold the land in question to one Barkatullah on 25.03.1932. On 01.03.1946 and 12.03.1948, said Barkatullah sold the entire land of 85 decimals to one Somari Devi, who happened to be the maternal grand mother of respondent no. 7. On 25.06.1954, Somari
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.
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....
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....
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....
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....
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.
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 ....
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