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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Purushottam, S/o Mohan Lal – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
MUKESH RAJPUROHIT, J.
1. The instant Misc. Petition under Sections 528 BNSS (482 Cr.PC.) has been filed against the order dated 01.04.2025 passed by the learned Additional and Sessions Judge, Pokharan, Jaisalmer in Criminal Revision Petition No. 22/2024, whereby the revision petition of the respondent no.2 has been allowed and the order dated 25.10.2024 passed by the learned Subdivisional officer, Pokharan in case no. 15/2022 is set aside by directing that possession of the land in question be handed over to respondent no.2.
2. Bereft of elaborate details briefly stated the facts necessary for the disposal of this petition are that respondent no.2 filed a complaint under Sections 145 and 146 of the Code of Criminal Procedure, 1973, alleging that the respondent no.2 owned a plot of land bearing Khasra No. 936, situated on the Jodhpur–Jaisalmer road, measuring 102.5 x 170 feet, which had been gifted to the respondent no.2 by her father, through a registered gift deed. It was alleged that during the applicant’s absence from Pokharan due to her mother’s illness and subsequent demise, respondents no.3 and 4 unlawfully broke open the locks of the said plot, took possession, and est
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.
Courts must focus on possession and breach of peace under Section 145 Cr.P.C., and not decide title or right of possession. Proceedings under Section 145/146 Cr.P.C. must end if Civil Court is seized....
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
Point of law: When a civil litigation is pending for the same property wherein the question of possession is involved and the parties are in a position to approach the civil court for interim orders ....
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.
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