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RAM MANOHAR NARAYAN MISHRA
Vinod Kumar Shukla – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Instant Criminal Revision has been preferred under Section 397/401 Cr.P.C. against the final order dated 03.04.2023 passed by Up Zila Magistrate, Tehsil Machalishahar, District Jaunpur in Case No.02711 of 2018 (Vinod Kumar Vs. Arun Kumar) under Section 145 Cr.P.C., with prayer to set-aside the impugned order and directing the opposite party No.4 to 6 not to interfere in peaceful possession of the applicants in land in dispute which is Abadi Land situated at village Hemapur Tarathi, Police Station Mungra Badshahpur, Tehsil Machhali Shahar, District Jaunpur.
2. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material available on record.
3. On perusal of record it appears that the applicants/revisionists Vinod Kumar Shukla and Anil Kumar Shukla sons of Ram Deo Shukla moved an application under Section 145 Cr.P.C. before the Up Zila Magistrate, Machalishahar, District Jaunpur against present respondent Nos. 4,5 and 6 with averments that the disputed land originally belonged to Ram Pyari Devi wife of Madhav Prasad, who was owner in possession of the land in dispute during her life time. She e
The Executive Magistrate's findings on possession under Section 145 Cr.P.C. are binding unless proven perverse, and jurisdiction over title disputes lies with civil courts.
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....
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 : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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 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....
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