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JITENDRA KUMAR
Nand Jee Singh – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present revision petition has been preferred by the petitioners against the impugned order dated 30.11.2018 passed by learned Additional District & Sessions Judge-VI, Siwan in Criminal Revision No. 44 of 2001, whereby learned Sessions Court has allowed the revision petition setting aside the impugned order dated 16.11.2000 passed by learned Executive Magistrate, Maharajganj in proceeding initiated under Section 145 Cr.PC in Trial No. 22 of 2000 and possession of first party Suba Ram over the disputed land is confirmed and the second party who are petitioners herein are directed not to interfere in the possession of the first party over the land in question.
2. The factual background of the case is that in view of report dated 15.10.1988 of Officer-in-charge of local Police Station, proceeding under Section 144 Cr.PC was initiated. As per the report, there was tension prevailing between two parties on account of land dispute. However, subsequently by the order dated 31.12.1988, the proceeding under Section 144 Cr.PC was closed and proceeding under Section 145 Cr.PC was initiated after hearing both the parties.
3. As per the preliminary order dated 31.12.1988, wh
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....
(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 ....
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....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
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