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.

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 96/2022 were lodged regarding land grabbing and theft of wheat crop and various civil and criminal proceedings are pending between the parties, including a civil suit seeking declaration of adoption and a suit for partition. Based on a complaint under Section 145 Cr.P.C. by the SHO Degana, the Sub-Divisional Magistrate, Degana registered Case No. 29/2022 and ordered attachment of the land, appointing the SHO as receiver. The petitioner being aggrieved by the orders passed by the courts below have now preferred the present miscellaneous petition.

3. The issue involved in this matter has already been dealt by this Court in Mohammad Ramjan and Ors. v. State of Rajasthan and Ors. [S.B. Criminal Misc. Petition No. 4499/2023]. For convenience, it is appropriate to reproduce the order dated 13.03.2024 passed by this Court. For ready reference, the relevant paragraphs of the order are reproduced herein below:-

“2. ………….. It would be pertinent to note here that before initiating the proceeding under Section 145 Cr.P.C. or moving an application under Section 146(1) of the Cr.P.C., criminal cases suggesting eminent danger of breach of peace or like circumstance to presume instant threat to public peace and tranquility had not been lodged. The law in respect of proceeding under Sections 145 & 146 Cr.P.C. is no more res-integra that before initiating any proceeding under Sections 145 & 146 Cr.P.C. there has to be a serious question of possession and a situation where it is not comprehensible as to which party was in possession of the land in question at the relevant point of time or the circumstances suggesting that parties are bent upon to take forcible possession of the immovable property and therefore, there is an eminent danger to public peace and tranquility. The law in this regard has been discussed and dealt with by this Court in the matter of Ashoknath Chela Kevalnath Vs. State of Rajasthan decided on 16.11.2022. The relevant part of the order is being reproduced as under:

“The law on this point is not res integra that whenever an Executive Magistrate is satisfied from a report of the Police Officer or upon other information that a dispute which is likely to cause breach of peace exists, concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims with regard to the fact of actual possession of the subject of dispute. Upon appearance of the parties, the Executive Magistrate is supposed to consider the claims of the rival parties in respect of the fact of actual possession