JITENDRA KUMAR
Ravindra Kumar – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – Mr. Ratan Kumar Sinha, Ld. counsel for the petitioner, Mr. Pronoti Singh, Ld. A.P.P. for the State, Mr. Prakash Chandra, Ld. counsel for the Respondent no.2 and Mr. Satya Prakash Sinha, Ld. counsel for the Respondent no. 3 are present.
2. Learned counsel for Respondent no.2 also files counter affidavit along with annexures across the board supplying a copy of the same to the Ld. counsel for the petitioner and the same is taken on record.
3. The present petition, under Section 482 Cr.P.C., has been preferred for quashing the order dated 24.11.2014 passed by Ld. Sub-Divisional Magistrate, Mahua in Criminal Proceeding bearing No. 979 of 2014 initiated under Section 144 Cr.P.C.
4. The aforesaid proceeding was initiated by Ld. Sub-Divisional Magistrate, Mahua on report of Pateypur Police Station bearing Case No. 25 of 2014 dated 01.07.2014, as per which it was reported that there is tension between first party Dharmnath Sah son of Sri Brahmdeo Sah and 2nd party Kishori Sah son of Ramautar Sah on account of land disputes between the parties with reference to Khata No. 276, Khesra No. 981 measuring 16 decimal and Khata No. 293, Khesra No. 1277 measuring 8 decimal and the
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(1) Apprehension of breach of peace – Sections 145 and 146 of Cr.P.C. together constitute a scheme for resolution of a situation where there is a likelihood of a breach of peace because of a dispute ....
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....
The main legal point established in the judgment is that criminal proceedings under Section 145 and Section 146(1) of the Code of Criminal Procedure, 1973 should only be initiated when there is a lik....
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....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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