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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Mohd. Kasim Usmani – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Rajeiu Kumar Tripathi, learned counsel for the petitioners, Shri S.P. Tiwari, learned AGA for the State and Shri Mahmood Alam, learned counsel for the respondent no. 4.
2. This petition under Article 227 of the Constitution of India has been filed assailing the judgment and order dated 29.08.2018, passed in Criminal Revision No.141 of 2017 ( Mohd. Kasim Usmani and Others Vs. State of U.P. and Others ) by Third Additional Sessions Judge, Bahraich and the order dated 24.06.2017 passed in Case No.23 of 2015, under Section 145 of the Code of Criminal Procedure (here-in-after referred as Cr.P.C.) by the City Magistrate, Bahraich and to quash the proceedings of the said case.
3. Learned counsel for the petitioners submitted that the petitioners are the owner and in possession of the property in dispute since the time of their ancestors. Earlier, the names of predecessors of the petitioners were recorded in the records and now the petitioners' names are recorded. He further submitted that the proceedings under Section 145 Cr.P.C. are not maintainable as the dispute of title is also pending before the civil court in one of the suits filed by the resp
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.
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....
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....
The main legal point established in the judgment is that criminal proceedings under Section 145 and Section 146(1) of the Code of Criminal Procedure, 1973 should only be initiated when there is a lik....
(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 ....
The main legal point established in the judgment is the avoidance of multiplicity of litigation and the need to abide by the final outcome of the civil suit in the context of applying Section 145 Cr.....
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