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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Kamlakant Choudhary S/o Late Bidyanath Choudhary – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedure of the sdo under cr.p.c. (Para 1 , 2) |
| 2. arguments against the sdo's order and interpretation of sections 144, 145, and 146. (Para 3 , 4) |
| 3. counterarguments regarding maintainability and alternative remedies. (Para 5 , 6 , 7) |
| 4. court's reasoning and application of the law to the case facts. (Para 8) |
| 5. order to quash the sdo's decision and prevent arbitrary actions. (Para 9 , 10 , 11) |
JUDGMENT :
PURNENDU SINGH, J.
1. Heard learned counsels appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The present application has been filed for quashing the order dated 07.05.2024, by which the Sub- Divisional Officer, Sadar Darbhanga converted the proceeding under Section 144 of the Cr.P.C. into section 145 of the Cr.P.C., and attached the lands of the petitioners under Section 146 (1) of the Cr.P.C. bearing Khata No.1080, Plot No. 1439, Area 4 Bigha 5 Kattha 4 Dhur, Khata No.2624 (New) area 1 Bigha & Khata No. 2623 (New) 5 Kattha by appointing the Circle Officer, Hayaghat as receiver of the land in question.
3. Learned counsel appearing on behalf of the petitioners submitted that the petitioners have claimed that
An order under Section 146(1) requires evidence of emergency which was not present, highlighting the need for judicial discretion in land disputes.
Criminal proceedings under Section 145 Cr.P.C. cannot proceed when civil litigation is ongoing, as civil court decrees take precedence.
Point of law : Executive Magistrate after satisfying from the report of a Police Officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land, he ....
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....
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.
(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....
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