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JITENDRA KUMAR
Ram Padarath Singh – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J. – The present petition, under Section 482 Cr.PC, has been preferred by the petitioners against the impugned order dated 16.05.2016, passed by learned Additional Sessions Judge- III, Nawada in Criminal Revision No. 44 of 2015 / 16 of 2016, whereby learned Sessions Court had dismissed the revision petition finding no illegality in the order dated 27.10.2014 passed by learned Sub-Divisional Magistrate, Rajauli, District- Nawada in proceeding bearing No. 1M of 2014, whereby learned Executive Magistrate has attached the subject landed property.
2. The factual background of this case is that the opposite party No.2 herein, Sarojani Devi, filed one petition bearing Proceeding No. 50M of 2013 before learned Sub Divisional Magistrate for initiating proceeding under Section 144 Cr.PC and thereupon, the proceeding under Section 144 Cr.PC was initiated. However, after hearing both the parties, learned Executive Magistrate closed the proceeding under Section 144 Cr.PC and advised the parties to prefer Title Suit before Civil Court, if so advised.
3. Subsequently, the said Sarojani Devi filed one petition under Section 145 Cr.PC, before learned Sub-Divisional Magistrate on 07.12
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 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....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
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....
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....
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