Proceedings under Section 145 of Cr.P.C. are applicable only to disputes regarding possession and likelihood of breach of peace, not disputes over title. The Executive Magistrate can only decide actual possession and protect or restore possession.

ORDER :

This writ petition is filed to quash the proceedings in Ref. No.K/58/2021 dated 28.01.2021 issued by respondent No.1 - the Revenue Divisional Officer cum Sub-Divisional Magistrate, Karimnagar, under Section 145 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.) in respect of the premises bearing House No.10-4-136/1 situated at Bank Colony, Karimnagar and House No.2-6-30 (pesticides shop) Market Road, Karimnagar, and for a consequential direction to the respondents to handover keys and possession of those properties which include pesticide shop under the name and style of Sai Thirumala Pesticides, to the petitioner.

2. The case of the petitioner is that his son Mr. Satyanarayana Reddy is owner of the subject properties. Mr. Satyanarayana Reddy along with his wife and daughter have left their house on pilgrimage in their car. They did not return home. They were found dead on 17.02.2020 as the car in which they were travelling fell in Kakatiya Canal near Alugunur Village of Thimmapur Mandal, Karimnagar District. The bodies of Mr. Satyanarayana Reddy and his wife and daughter were recovered. A case in Crime No.35 of 2020 was registered for the offence punishable under Section 304-A of the Indian Penal Code, 1860 by respondent No.4 - the Circle Inspector of Police, Thimmapur Police Station, Thimmapur, Karimnagar District. The Station House Officer searched the pesticides shop viz., Sai Thirumala Pesticides of the petitioner’s son and in the course of investigation, seized the shop. Respondent No.4 found a note in the pesticides shop alleged to have written by the deceased himself expressing that he intends to do away with his life and also to donate his properties to a trust or temple. Final report was said to have filed and the case was closed.

(a) The police have seized the subject properties belonging to the deceased. On enquiry of the petitioner, it was learnt that respondent No.4 has locked both the subject premises and kept the keys with him. The petitioner approached respondent No.4 on 13.06.2020 and requested him to handover the keys of the subject properties i.e., residential premises and pesticides shop stating that he being the father of the deceased Mr. Nareddy Satyanarayana, is his legal heir, as such, he is legally entitled to take possession of the subject properties belonging to the deceased. It is alleged that instead of handing-over the keys, respondent No.4 has addressed a letter dated 26.06.2020 to respondent No.2 - the Tahsildar and Executive Magistrate, Karimnagar Urban to initiate proceedings under Section 145 of Cr.P.C. based on the complaint dated 25.06.2020 given by respondent No.5 - Mr. Dasari Venka Ramana Reddy, Advocate, the elder brother of the deceased Smt. Radha (wife of the deceased Mr. Nareddy Satyanarayana Reddy).

(b) On knowing that proceedings under Section 145 of Cr.P.C. are initiated at the instance of respondent No.5, the petitioner filed an application dated 08.09.2020 to the Public Information Officer, Thimmapur Police Station, Thimmapur Mandal, Karimnagar District under the Right to Information Act, 2005, and he was informed by the reply dated 09.09.2020 that the office of respondent No.4 has requisitioned the Tahsildar, Karimnagar Urban for initiating the proceedings under Section 145 of Cr.P.C. Thereafter, the petitioner has submitted another application dated 20.10.2020 under the Right to Information Act, 2005, through his Advocate to respondent No.1 - the Revenue Divisional Officer, Karimnagar, to know the complete details of the proceedings initiated under Section 145 of Cr.P.C. and by the reply dated 17.11.2020 he was informed that no proceedings under Section 145 of Cr.P.C. are initiated from 01.01.2020 to 30.09.2020. As there is contradictory information, the petitioner addressed a letter dated 02.12.2020 to respondent Nos.3 and 4 and also to respondent No.1 requesting them to handover keys of the subject properties since there is large quantity of pesticides, seeds a