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ANIL VERMA
Manohar s/o Shankarlal Patidar – Appellant
Versus
Gokul S/O Panna Bheel – Respondent
| Table of Content |
|---|
| 1. ownership and possession disputes under section 145 crpc. (Para 1 , 2) |
| 2. arguments on possession and errors in prior rulings. (Para 3 , 4) |
| 3. court's reasoning on limited jurisdiction in possession cases. (Para 5 , 6 , 7 , 8) |
| 4. final dismissal of the petition affirmed. (Para 9) |
ORDER :
Anil Verma, J.
This petition under section 482 of CRIMINAL PROCEDURE CODE has been filed by applicants with a prayer to set aside the orders dated 19-11-2020 passed by S.D.M. Jawad District Neemuch in Case No. 0003/Cri/145/2020-21 and 25-2-2021 passed by Additional Sessions Judge Jawad District Neemuch in Criminal Revision No. 94/2020. The learned SDM by the impugned order directed that till the disposal of the matter, both the parties will not interfere in their respective possession. The said order was affirmed by the revisional Court.
2. According to the case, respondents No. 1 and 2 submitted an application under section 145 of CRIMINAL PROCEDURE CODE before the SDM by stating that they are owner of the disputed land on the way of western side of Ramnagar to Doodhtalai. The land in question is in possession of respondent No. 2 which was given to tribal by the government as menti
Section 145 proceedings can continue despite a pending civil suit if no protective orders are granted, balancing civil and criminal jurisdiction.
When dispute with regard to same subject property is pending in a civil court, parallel proceedings under Section 145 Cr.P.C. are not maintainable before Executive Magistrate.
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
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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