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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Syed Raza Abbas – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. – Respondent
| Table of Content |
|---|
| 1. challenge to order on grounds of possession (Para 2 , 3 , 4) |
| 2. claims of illegal dispossession require intervention (Para 5 , 11) |
| 3. pending civil suits affect magistrate's jurisdiction. (Para 10) |
| 4. conditions for invoking section 145 cr.p.c. (Para 12 , 13 , 14) |
| 5. supreme court precedents on section 145 cr.p.c. (Para 15 , 16 , 17) |
| 6. court denies relief due to absence of breach of peace (Para 18 , 19) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Agendra Sinha, the learned counsel for the applicant and Sri. Rajesh Kumar Singh the learned AGA-I for the State.
2. By means of the instant application filed under Section 528 BNSS , the petitioner has challenged the validity of an order dated 07.09.2015 passed by the Addl. City Magistrate, Lucknow in Miscellaneous Case No.03 of 2015, which was instituted on the basis of the applicant’s application under Section 145 Cr.P.C.
3. It is recorded in the impugned order dated 07.09.2015 that the Kothari in dispute is in possession of the opposite party No.2, there was no breach of peace and the matter related to title dispute which is pending adjudication before the Civil Court. The title can be decided by the Competent Court and the
The court reaffirmed that ongoing civil disputes limit the Magistrate's authority to intervene in possession matters under Section 145 Cr.P.C.
Point of law: When a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, Court see hardly any justification for initiating a parallel....
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.
Restoration of possession under Section 145 of the CrPC requires a clear finding of wrongful dispossession within two months prior to the preliminary order; failure to establish this fact invalidates....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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