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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ramji Ram, S/o Shri Parsa Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
(FARJAND ALI, J.)
1. The instant Criminal Miscellaneous Petition under Section 482 Cr.P.C. has been preferred by the petitioner challenging the order dated 29.07.2022, passed by the learned Additional Sessions Judge, Merta, in Revision No. 35/2022, whereby the revision petition was dismissed and the order dated 05.07.2022, passed by the learned Sub-Divisional Magistrate, Degana, in Case No. 29/2022, was affirmed and the Station House Officer, Police Station Degana, was appointed as Receiver.
2. Briefly stating the facts of the case are that the present case arises from a land dispute concerning Khasra No. 585 measuring 2.5900 hectares in Village Pundlota, wherein the complainant’s mother claims joint ownership of 0.6475 hectares along with shares in other khasras.
2.1 The complainant alleged that the petitioners, taking advantage of the fact that her father is deceased and she has no living brother, are attempting to forcibly take possession of the land. It was further alleged that the petitioners have created forged documents to wrongfully establish themselves as legal heirs and have interfered in the cultivation and harvesting of crops. The FIRs bearing Nos. 147/2021 and 96/2
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.
Executive Magistrate must ascertain actual possession and genuine threat to peace before initiating proceedings under Sections 145 and 146 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.
Criminal courts should not intervene in property disputes already subject to civil litigation unless there is an imminent threat to public peace.
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.
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.
(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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