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SHAILENDRA SINGH
Sheikh Anawarul @ Anwarul Haque – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard Mr. Manoj Kumar, learned counsel for the petitioner, Mr. Aditya Narayan Singh-1, learned APP for the State and Mr. Amaresh Kumar Sinha, learned counsel for the opposite parties no. 2 and 3.
2. The instant petition has been filed under section 482 of the Code of Criminal Procedure (in short the Code) challenging the order dated 06.10.2018 passed by the learned Additional Sessions Judge-IV, East Champaran, Motihari in Cr. Rev. No. 287 of 2017 by which the order dated 07.09.2017 passed by the S.D.M., Sikarhana under section 145 of the Code was set aside.
3. The main grounds taken by the petitioner’s counsel to assail the order impugned are that by order dated 07.09.2017 the Executive Magistrate simply observed that there was a bonafide land dispute in between both the parties for which a detailed enquiry was required and, accordingly, by that order both the parties were simply directed to appear and file their written statement and give evidences, so, the said order was completely interlocutory in nature hence as per the provision under section 397(2) of the Code, the revision preferred by the opposite party against that order was not maintainable. It is further submitted tha
The main legal point established is that in a proceeding under Section 145 of Cr.P.C., the question of possession has to be decided solely, without the need for discussion of title or related documen....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
The Executive Magistrate's findings on possession under Section 145 Cr.P.C. are binding unless proven perverse, and jurisdiction over title disputes lies with civil courts.
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