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FARJAND ALI
Ashoknath Chela Kevalnath – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant criminal misc. petition has been preferred by the petitioner Ashoknath Chela Kevalnath for quashing of the order dated 04.04.2022 passed by the Additional Session Judge No.7, Jodhpur Metro in Criminal Revision Petition No. 28/2022 whereby he affirmed the order dated 23.3.2022 passed by the Additional District Magistrate No.1, Jodhpur in Criminal Misc. Case No. 1/2021 who passed an order to attach the property in question and appointed the Inspector, Devesthan Department, Jodhpur as a receiver with a specific direction to take possession over the property in question.
2. Bereft of elaborate details succinctly stated the facts of the case are that the SHO Police Station, Udaimandir, Jodhpur Commissionerate submitted an application under Section 145 of the Cr.P.C. before the ADM City, Jodhpur averring that there was a dispute between party no.1 and party no.2 regarding the property of "Nath Community" referred as Navleshwar Monastery. The land of the Monastery was gifted by His Highness of Jodhpur to Shri Bananath Ji who constructed a small Monastery on the land and became the first "Gadipati". After Shri Bananath Ji his disciple Shri Navalnath became "Gadipati". Ex
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.
The main legal point established in the judgment is that criminal proceedings under Section 145 and Section 146(1) of the Code of Criminal Procedure, 1973 should only be initiated when there is a lik....
The court emphasized that attachment orders under emergency provisions must be backed by compelling evidence of imminent danger to public peace, otherwise it constitutes a misuse of legal process.
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.
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
(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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