IMPORTANT POINT
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.

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 executed a Will deed in favour of the mother of the applicants, and after death of Ram Pyari, the mother of the applicants/revisionists namely Raj Kali entered thereon as owner in possession. The opposite parties were trying to grab the disputed land and for that purpose they were prepared to engage in violent acts. The local police apprehending the breach of peace, initiated action under Section 107, 116 Cr.P.C. in the matter, as there was constant threat of breach of peace in regard to disputed land and the same is liable to be attached in proceedings under Section 145 Cr.P.C, otherwise any serious incident is likely to occur. The boundary marks on disputed land are given a foot of land and the application shows which may be read as under:-

East- House and Shahan Ram Dev

West- Kharanja road and Shivam Sundaram Jogi Beer Baba Mandir

North- Pucca House of Rajkali

South- Pucca House of respondent No.2

4. The chalani report was filed by local police also on 15.04.2018, in which it is stated there there is land dispute between the parties with regard to abadi land, and both parties are claiming their title and possession thereon. The land in chalani report is marked by red lines and denoted as ABCD. In chalani report also a site plan is shown, which is similar too that shown in application filed by applicants Vinod Kumar Shukla and others in application under Section 145 Cr.P.C. The police officer also prayed for attachment of land in dispute to avoid any in incident of breach of peace, which is likely to be caused due to tension prevalent on the spot. The opposite parties filed written statement in which they averred that the application moved by applicants is liable to be dismissed. The chalani report filed by local police is against the position appearing on spot. The parties belonged to same clan and blood are relatives. The ancestral land was partitioned between the parties and they are in possession of their respective share on this part. The opposite parties got an old Khaprail house in a portion which was in dilapidated condition and they constructed the pucca dalan after demolishing the old structure, and they have been using the pucca dalan since time of their father. In fact, the land marked by ABCD letters in chalani report has never been in dispute, because on this land trees are planted and pillars of construction of Varandah are lying. A civil suit is also pending with regard to land in dispute and for that reason also the proceedings under Section 145 Cr.P.C. are not maintainable.

5. The applicants also took stand that in their pleadings before the Executive Magistrate that according to genealogical table the opposite parties are owner of 1/4th share of property. Smt. Ram Pyari died in the year 2011 and thereafter mother of the applicants name