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KRISHNA RAO
Rajputana Realty Private Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Krishna Rao, J.
1. The petitioners have filed the present writ application challenging the order passed by the Learned Sub-Divisional Magistrate, Sadar, Jalpaiguri under Section 144 of the Code of Criminal Procedure, 1973 dated 4th May, 2024.
2. The petitioner no.1 is a company and the petitioner no.2 is one of the director of the petitioner no.1 company. As per the case of the petitioners, the petitioner no.1 by way of Deed of Indenture dated 7th August, 2023 and dated 23rd November, 2023, the petitioner no.1 had purchased some landed properties. The petitioner no.1 had also entered into several registered development agreements with several land owners for the purpose of developing such plots of land.
3. The petitioner says that the petitioner no.2 had purchased approximately 2 acres of land in his personal capacity in Khatian No. 1397 corresponding to L.R. Khatian No.189 with R.S. Plot No.123 corresponding to L.R. Plot No.98 within Mouza- Baropatia Nutanbas, JL No. 1, Sheet No. 2, Jalpaiguri and Jitendra Prasad Dubey has purchased corresponding to L.R. Khatian No.189 with R.S. Plot No.123 corresponding to L.R. Plot No.98 within Mouza- Baropatia Nutanbas, JL No. 1, Sheet
The invocation of Section 144 requires clear evidence of an emergency; it cannot be used to interfere with ongoing civil disputes without sufficient justification.
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....
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
(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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