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ROBIN PHUKAN
G. AKANITO ASSUMI @ G. AKANITO SUMI – Appellant
Versus
SIKANDER RONGPI – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. F. Khan, learned counsel for the petitioner and also heard Mr. M.P. Sharma, learned counsel for the respondent.
2. This petition, under Sections 482, read with section 397/401 of the Code of Criminal Procedure, is directed against the order, dated 05.02.2022, passed by the learned Addl. District Magistrate, Bokajan, Karbi Anglong, in M.R. Case No. 01/2021, under section 145 of the Code of Criminal Procedure. It is to be mentioned here that vide impugned order, the learned court below had declared that the respondent is in actual possession of a plot of land measuring 21 Bigha, covered by Periodic Patta No. 56, Dag No. 78, situated at Nahorjan Block No. 2 village.
3. The factual background, leading to filing of the present petition, is briefly stated as under:
Section 145 of the Code authorizes the Executive Magistrate to take cognizance of the dispute and settle the same by holding an enquiry into possession as distinguished from right to possession or ti....
A preliminary order is nothing but foundation of jurisdiction of Magistrate, who draws proceeding.
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
The court ruled that possession disputes under Section 145 Cr.PC must demonstrate a likelihood of public disturbance to invoke jurisdiction.
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 impugned proceedings and the consequent order were found to be without jurisdiction and in violation of principles of natural justice, depriving the appellant of a fair opportunity to appear and ....
Criminal Procedure Code, 1973 – Section 145 – Life of order passed under Section 145 of Cr.P.C. is conterminous with passing of decree by a Civil Court.
The judgment emphasizes the limited scope of enquiry under section 145 Cr.P.C., focusing on de-facto possession and the applicability of section 146(1) Cr.P.C. in cases of emergency or when the Magis....
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