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G. S. AHLUWALIA
Nirbhay Singh – Appellant
Versus
Sumat Prakash Jain – Respondent
ORDER
1. This application under section 528 of BNSS has been filed against the order dated 18/11/2024 passed by Second Additional Judge to the Court of First Additional Sessions Judge Basoda, District Vidisha in Criminal Revision No.11/2023 by which the order dated 3.3.2023 passed by SDM, Basoda in Case No.7/criminal/145/2022, which was passed under section 146 of Cr.P.C. by attaching the disputed property has been affirmed.
2. It is submitted by counsel for applicant that an Istgasa was filed by police alleging the possibility of breach of peace. SDM while passing order under section 146 of Cr.P.C. did not record that there is any urgency or possibility of breach of peace and has passed an order of attachment and, therefore, the aforesaid order is a by product by non-application of effect. It is further submitted that the civil suit is pending between the parties and, therefore, in the light of judgment passed by the High Court of Nanital in the case of Rameshwar Havelia v. Asian Agro Farms India Ltd. and Ors. reported in 2009 CriLJ 2753 has held that proceedings under section 145 of Cr.P.C. are not maintainable and parties can approach the civil Court. Respondents have already appr
The court emphasized that attachment orders under emergency provisions must be backed by compelling evidence of imminent danger to public peace, otherwise it constitutes a misuse of legal process.
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
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....
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 Magistrate must ascertain actual possession and genuine threat to peace before initiating proceedings under Sections 145 and 146 Cr.P.C.
The Executive Magistrate must determine actual possession and cannot adjudicate rights; attachment of property requires emergent circumstances and imminent danger of breach of peace.
(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 ....
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