IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Chhote Lal Yadav @ Chhote Lal, Son of Late Jangli Gope – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. jurisdictional issues regarding land possession (Para 1) |
| 2. arguments on jurisdiction and evidence evaluation (Para 2 , 3) |
| 3. court affirms lower court’s order (Para 4) |
JUDGMENT :
SHAILENDRA SINGH, J.
The instant petition has been filed under Section 482 of the Code of Criminal Procedure ( in short ‘Cr.P.C.’) with a prayer to quash the order dated 01.02.2016 passed by learned 6th Additional Sessions Judge, Nalanda at Biharsharif in Cr. Rev.No. 519 of 1993 whereby and whereunder the order dated 02.12.1993 passed under Section 145 of Cr.P.C. declaring the possession of Second Party (Opposite Parties) over the land in question by the Executive Magistrate, Nalanda at Biharsharif in the Case No. 804(M.P.)/1993 has been affirmed by dismissing the revision application preferred by the petitioners (first party).
2. Mr. Sidhendra Narayan Singh, learned counsel appearing for the petitioners who were first party before the court of Executive Magistrate in the Case No. 804 (M.P.)/1993 submits that the learned Executive Magistrate in his order dated 02.12.1993 not only declared the possession but also declared the title of the second party, who are here Opposite Parties in the pr
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.
(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....
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