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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Puran Singh – Appellant
Versus
Krishan – Respondent
JUDGMENT :
Sandeep Moudgil, J.
The petitioner has filed the instant petition under Section 482 CrPC for quashing of the order dated 02.04.2024 (Annexure P4) passed by Addl. Sessions Judge, Faridabad; order dated 23.11.2023 (Annexure P2) passed by SDM, Ballabgarh in case No.12/SDM dated 16.06.2023 under Section 145 CrPC, Muja Fatehpur Billoch, Teshil Ballabgarh filed by respondent No.l.
2. Briefly stated that the petitioner along with other co-sharers are stated to be the joint owner and in possession of agriculture land measuring 230 kanals, situated within the revenue estate of Village Fatehpur Billoch, District Faridabad vide jamabandi for the year 2021- 22. The said land was not partitioned by metes and bounds between the co-sharers, however, one of the co-sharer namely Ranbir Singh illegally and unlawfully without getting the land partitioned sold the land measuring 4 kanals out of above said land to previous owner namely Smt. Sharmila Devi wife of Kapil Parashar without knowledge and consent of petitioner and other co-sharers vide sale deed dated 12.1.2017. The purchaser Sharmila Devi further sold the said 4 kanals land to Lalta vide sale deed dated 15.11.2022, who alongwith her
Injunction cannot be passed against a co-owner, and possession is crucial in resolving disputes under Section 145 of CrPC. Civil court decisions are binding on criminal court proceedings, and multipl....
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....
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....
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 ....
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....
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