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MALASRI NANDI
Tarini Saikia S/o Late Madhab Saikia – Appellant
Versus
Putul Kalita – Respondent
JUDGMENT :
Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. M. Sarania, learned counsel for the respondents.
2. The petitioner has filed an application u/s 397 read with Section 401 and 482 Cr.PC against the impugned order dated 17/08/2020 passed by the learned Executive Magistrate, Rangia, in case No. 12/2015 u/s 145/146 Cr.PC declaring the possession of the disputed two plots of land measuring 5 Bighas 4 Katahs 4 Lechas covered by dag Nos. 908 and 633 of Touzi Patta No. 259 of village Barkukuria under Panduri Mouja of Rangia Revenue Circle in favour of the second party/respondents.
3. The case of the petitioner is that he owned and possessed the aforesaid plots of land for more than 20 years and he used to cultivate over the said plot of land to earn his livelihood. The petitioner also applied for allotment of the said plots of land and it is reported by the Circle Officer and the Sub Divisional Officer (herein after SDO) that the petitioner is in possession of the said land and sent the proposal for allotment. In the meantime, the respondents with some miscreants entered into the land and tried to disposes the petitioner and in this regard, the petitioner lod
The court ruled that possession disputes under Section 145 Cr.PC must demonstrate a likelihood of public disturbance to invoke jurisdiction.
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....
Courts must focus on possession and breach of peace under Section 145 Cr.P.C., and not decide title or right of possession. Proceedings under Section 145/146 Cr.P.C. must end if Civil Court is seized....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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....
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 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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