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| 1. order quashed; status quo ante maintained. (Para 10 , 11 , 12) |
ORDER :
RAJESH SEKHRI, J.
01. Petitioner has invoked in herent jurisdiction of this Court under Section 482 Cr. P. C. for the quashment of order dated 23.02.2023, passed by Tehsildar, Executive Magistrate 1st Class, Koternka [“ the trial Magistrate”] with respect to land comprised under Khasra Nos. 432 measuring 02 Kanals, 435 measuring 12 Kanals 12 Marlas and 437 measuring 04 Kanals 16 Marlas total measuring 19 Kanals 08 Marlas along with residential house situate at village Bai Numble, Tehsil Koteranka, District Rajouri, vide which the subject landed property along with residential house came to be attached in terms of Sub-section 1 of Section 146 Cr. P. C.
02. Having heard learned counsels for the parties, I am of the considered view that impugned order does not sustain in the eyes of law.
03. A perusal of the record reveals that an application came to be preferred by the contesting respondents against the petitioner before the trial Magistrate for attachment of the subject land and residential house on 23.02.2023 and learned trial Magistrate proceeded to invoke sub-Section 1of Section 146 Cr. P. C. and
Attachment under Section 146(1) Cr.P.C. invalid without prior preliminary order under Section 145(1) or satisfaction of emergency, no possession, or inability to decide possession.
The pendency of a civil suit does not oust the jurisdiction of the Magistrate to act under Sections 145 and 146 of the Criminal Procedure Code in case of apprehension of breach of peace, and the orde....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
The Court emphasized that vague assertions of breach of peace are insufficient for an attachment order under Sections 145 and 146 of the Cr.P.C.
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.
The judgment establishes the importance of adhering to the procedural requirements of Sections 145(1) and 146(1) of the Cr.P.C., emphasizing the need for separate orders and the Executive Magistrate'....
(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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