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IN THE HIGH COURT AT CALCUTTA
KAUSIK CHANDA
Kalinath Sasmal – Appellant
Versus
State Of West Bengal – Respondent
Judgment :
Kausik Chanda, J.
The present revisional application raises a question of considerable significance touching upon the jurisdictional limits of criminal courts vis-a-vis disputes concerning possession and custody of immovable property purportedly treated as “unclaimed property” by the police authorities under the provisions of the Police Act, 1861.
2. The application has been preferred challenging the judgment and order dated 23rd June, 2025 passed by the Learned Additional District and Sessions Judge, Fast Track Court, 8th Court at Alipore, South 24 Parganas in Criminal Appeal No. 92 of 2024 whereby the Learned Appellate Court was pleased to affirm the order dated 18th January, 2024 passed by the Learned Chief Judicial Magistrate, Alipore in connection with Tollygunge Police Station General Diary Entry No. 2483 dated 28th August, 2012 directing handing over of the keys and interim possessory control of premises situated at 159, S.P. Mukherjee Road, Kolkata – 700026 in favour of opposite party no. 2.
3. The records reveal that one Nirmalya Sasmal, who admittedly resided at the aforesaid premises, was found lying unconscious on 28th August, 2012. He was removed to SSKM Hospita
A Magistrate must ascertain a clear dispute and actual possession before initiating proceedings under S.145, as mere civil claims do not warrant intervention against established possession.
The court held that leasehold rights are protected and cannot be violated without due process, stating that the property cannot be declared escheated without a legal basis.
Police protection for property possession denied absent executable decree; FIR alleging forcible entry and damage not quashed despite civil dispute background, as specific criminal acts require inves....
Restoration of possession under Section 145 of the CrPC requires a clear finding of wrongful dispossession within two months prior to the preliminary order; failure to establish this fact invalidates....
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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