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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Bhaji Devi – Appellant
Versus
Krishan Lal – Respondent
| Table of Content |
|---|
| 1. path obstruction dispute leads to section 145 proceedings (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural lapses and no breach apprehension alleged (Para 6 , 8) |
| 3. lower court orders properly upheld (Para 9) |
| 4. inherent powers sparingly used post-revision for injustice (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. section 145 prevents imminent breach via possession inquiry (Para 18) |
| 6. no current breach risk; proceedings invalid (Para 19 , 20) |
| 7. cross-examination mandatory for evidence reliability (Para 21 , 22) |
| 8. sdm overreached; revisional court overlooked errors (Para 23 , 24) |
| 9. petition allowed; lower orders set aside (Para 25 , 26 , 27) |
JUDGMENT :
Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of the order dated 20.07.2024, passed by learned Additional Sessions Judge, Sarkaghat, Camp at Joginder Nagar (learned Revisional Court) vide which order passed by learned Sub Divisional Magistrate (SDM), Joginder District Mandi was upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the inf
Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inheren....
The ingredients necessary for passing an order under Section 145 (1) of the Code would not automatically attract for the attachment of the property. Under Section 146, a Magistrate has to satisfy him....
The court emphasized the imperative necessity of averting immediate breach of peace and maintaining law and order by preserving peace, and held that the mere pendency of a civil suit does not deprive....
(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 ....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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