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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Dippu Lal Bhaiya, Son of Damodar Lal Bhiaya – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. dispute over land leading to legal proceedings. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's contention against conversion to section 145. (Para 6 , 7) |
| 3. opposite party's claim and past decisions. (Para 8 , 9) |
| 4. court's analysis on the jurisdiction of magistrate under cr.p.c. (Para 10 , 11 , 12) |
| 5. dismissal of petition without merit. (Para 13) |
JUDGMENT :
(Harish Kumar, J.)
Heard Mr. Baxi S.R.P. Sinha, learned Senior Advocate with Mr. Mrigendra Pratap Singh, learned Advocate for the petitioner, Mr. Roy Saurabh Nath, learned Advocate for opposite party no.2 and learned APP for the State.
2. The petitioner is aggrieved by the order dated 23.05.2023 passed by the Sub-Divisional Magistrate, Sadar Gaya in Misc. Case No. 295 of 2023 by which the proceeding initiated under Section 144 of the Cr.P.C. has been converted into Section 145 of the Cr.P.C.
3. Learned Senior Advocate for the petitioner assailing the impugned order has contended that the land/property, in dispute is bearing plot no. 20348 over which both the parties are claiming their right, title and interest. On 20.03.2023, an application was filed by the opposite party no.2 alleging therein that the property, in question, i
A Magistrate can initiate proceedings under Section 145 of the Cr.P.C. based on the existence of an apprehension of breach of peace, using discretion informed by available evidence.
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.
(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 ....
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