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CHANDRA SHEKHAR JHA
Mahesh Upadhyay – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 09.05.2016 as passed in Criminal Revision No. 407 of 2002 by learned Additional Sessions Judge, Vth, Danapur, where, revision petition filed by opposite parties against order dated 21.05.2002 as passed by learned S.D.M. Paliganj in Case No. 505 (M) of 1999, in a proceeding initiated under Section 145 of the Code of Criminal Procedure (in short Code) declaring possession of the petitioners upon the land in dispute and debarring the opposite parties from going over the said land has been allowed and order dated 21.05.2002 passed by learned S.D.M. Paliganj was set aside.
3. The brief story of prosecution is that one Ayodhya Upadhyay was the ancestor of the petitioners who had three sons namely Nandkeshwar Upadhyay, Brahmdeo Upadhyay and Narsingh Upadhyay, out of which Brahmdeo Upadhyay and Narsingh Upadhyay died issue less while Nandkeshwar Upadhyay had six sons namely Suryanath Upadhyay, Ram Ekbal Upadhyay, Ram Kripal Upadhyay, Parasnath Upadhyay, Ram Naresh Upadhyay and Dudhnath Upadhyay, out of which
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....
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.
The proceeding under Section 145 of Cr.P.C. allows an Executive Magistrate to ascertain possession over disputed land to prevent breach of peace without resolving title issues.
When dispute with regard to same subject property is pending in a civil court, parallel proceedings under Section 145 Cr.P.C. are not maintainable before Executive Magistrate.
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