Back
JYOTSNA SHARMA
Prabhakar Tiwari – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri K.K.Tiwari, Advocate holding brief of Sri Sandeep Kumar Tiwari, learned counsel for the petitioner, Sri Shivanand Mishra, learned counsel for respondent nos.2 to 6 and Sri Hari Pratap Gupta, learned A.G.A. for the State.
2. This petition under Article 227 of the Constitution of India has been moved by the petitioner-Prabhakar Tiwari, against the respondent nos. 2 to 6-Satya Prakash Pandey and 4 Others, all sons of Ram Chandr, and the State-respondent no.1, with a prayer to set-aside the order dated 12.10.2021 passed by the learned Sub-Divisional Magistrate under section-146(1) Cr.P.C., as well as the order dated 15.11.2022 passed by revisional court, affirming the same.
3. As per the submissions of the petitioner:-
• He executed a sale deed in favour of Narendra Pathak and Ratan Pathak on 11.07.1980.
• The name of the vendees came to be recorded in revenue record by order dated 16.01.1992 passed by Naib Tehsildar.
• The order dated 16.01.1992 was recalled on the application of one Ram Chet Pandey, by order dated 14.03.2012.
• The a
The judgment emphasizes the limited scope of enquiry under section 145 Cr.P.C., focusing on de-facto possession and the applicability of section 146(1) Cr.P.C. in cases of emergency or when the Magis....
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....
The main legal point established in the judgment is the importance of preventing breach of peace and the different objectives of the civil court and the Magistrate in cases of possession disputes.
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.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
