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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Rajvindra Kaur w/o Mahendra Singh – Appellant
Versus
State of Rajasthan through the Public Prosecutor – Respondent
Order :
FARJAND ALI, J.
1. The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner challenging the order dated 25.06.2012 passed by Sub-Divisional Magistrate, Sriganganagar in Case No. 07/2011 whereby directions for giving possession of the land in question to the petitioners has been refused.
2. Briefly stating the facts of the case are that the petitioners have filed the present petition challenging the order dated 25.06.2012 passed by the SDM, Sri Ganganagar, who refused to direct the return of possession of land measuring 5.13 bighas to them. The land in question was originally gifted by Sh. Kartar Singh to Petitioner No. 1 through a registered gift deed dated 12.08.2008, and the petitioner had been in possession of the same for the past 15-20 years. However, due to a dispute raised by other legal heirs, proceedings under Section 145 Cr.P.C. were initiated, and the SDM passed an order on 11.07.2011 for attachment of the total 24 bighas of land, appointing the Naib Tehsildar as receiver and possession was taken from both parties on 20.08.2011. The SDM’s attachment order was subsequently quashed by the learned Sessions Judge on 07.09.2011,
The Executive Magistrate cannot adjudicate ownership or title; only the question of possession is within their jurisdiction under Sections 145 and 146 of the Cr.P.C.
Executive Magistrate must ascertain actual possession and genuine threat to peace before initiating proceedings under Sections 145 and 146 Cr.P.C.
Proceedings under Sections 145 and 146 Cr.P.C. require a serious question of possession and cannot continue if civil proceedings regarding the same property are pending.
Criminal courts should not intervene in property disputes already subject to civil litigation unless there is an imminent threat to public peace.
The Court emphasized that vague assertions of breach of peace are insufficient for an attachment order under Sections 145 and 146 of the Cr.P.C.
Criminal courts should refrain from intervening in civil disputes unless there is an imminent danger of breach of peace, especially when civil proceedings are already pending.
The Executive Magistrate must determine actual possession and cannot adjudicate rights; attachment of property requires emergent circumstances and imminent danger of breach of peace.
Point of law: When a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, Court see hardly any justification for initiating a parallel....
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