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ROBIN PHUKAN
NORBODIA GOUR D/O LATE NANKU GOUR – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. M.H. Laskar, learned counsel for the petitioner. Also heard Mr. S. Mitra, learned counsel for the respondent No. 2.
2. This revision petition under Section 401, read with Section 397 of the Cr.P.C. is directed against the order dated 18.11.2015, passed by the learned Executive Magistrate, Bokajan in Karbi Anglong, in M.R. Case No. 26/2012 (old M.R. Case No. 15/2001).
3. It is to be mentioned here that vide the impugned order, dated 18.11.2015, the learned Executive Magistrate, Bokajan in Karbi Anglong has dismissed the M.R. Case No. 26/2012 and declared possession of the disputed land in favour of the second party and directed the Officer-in-Charge of Bokajan Police Station to hand over the possession of the disputed land in favour of the second party.
4. The factual background leading to filing of the present petition may be 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....
Fair trial is the main object of Code of Criminal procedure, and it is the duty of the court to ensure that such fairness is not hampered or threatened in any manner.
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 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....
Bona-fide purchasers' rights cannot be disturbed by those without legal title, and possession must be established through valid documentation.
The Executive Magistrate's findings on possession under Section 145 Cr.P.C. are binding unless proven perverse, and jurisdiction over title disputes lies with civil courts.
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