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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ramuram S/o Thana Ram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of the criminal revision petition and initial facts. (Para 1 , 2) |
| 2. the court's observations regarding the lower court's articulation of power. (Para 3 , 6 , 9) |
| 3. discussion of the legal framework for revisional jurisdiction. (Para 4) |
| 4. details regarding sections 145 and 146 of the crpc. (Para 5) |
| 5. clarification of the application and limits of sections 145 and 146 crpc. (Para 7 , 10 , 12) |
| 6. assessment of abuse of process by lower courts. (Para 8 , 11) |
| 7. final decision and orders regarding the appeal. (Para 13 , 14) |
| 8. disposition of pending applications. (Para 15) |
ORDER :
1. The present criminal revision petition has been instituted by the petitioner under Sections 397 read with 401 of the CrPC (corresponding to Sections 438 read with 442 of the BNSS), assailing the order dated 04.07.2025 passed by the learned Additional Sessions Judge, Nokha, District Bikaner in Revision Petition No. 15/2025, whereby the revision petition preferred by respondent No. 2 was allowed and, consequently, the order of attachment passed under Section 165(1) of BNSS dated 18.06.2025 by the learned Sub-Divisional Magistrate in Case No. 04/2025 came to be set aside.
2. Briefly statin
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.
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
(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 ....
The Executive Magistrate must determine actual possession and cannot adjudicate rights; attachment of property requires emergent circumstances and imminent danger of breach of peace.
Criminal courts should not intervene in property disputes already subject to civil litigation unless there is an imminent threat to public peace.
An order of attachment under Section 146(1) Cr.PC requires proof of likelihood of breach of peace and determination of possession, which was not established in this case.
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.
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....
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