AI Overview...
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Section 145, CrPC - Court's Power to Appoint Receiver
The courts have the authority under Section 145 of the CrPC to pass orders for the attachment of property and, in certain cases, to appoint a receiver to manage the property during the pendency of disputes. Several sources confirm that the primary purpose is to prevent breach of peace and maintain status quo until the dispute is resolved. For example, in MADHURI SAHU VS SURESWARA SAHU - Orissa, the court discusses the proceedings under Section 145 and the authority it confers, including the appointment of a receiver if necessary. Similarly, Santosh Jain VS Salim Khan - Madhya Pradesh emphasizes that a Magistrate can proceed to decide disputes under Section 145 and can appoint a receiver if the circumstances justify it, such as preventing breach of peace. -
Revision Power Regarding Orders Under Section 145
The revisional courts have the jurisdiction to examine orders passed under Section 145, especially regarding attachment and appointment of receivers. However, their scope is limited; for instance, in Chhagan Lal VS The State of Rajasthan - Rajasthan, the revisional court reviews the proceedings and notes that the main case was pending before a Sub-Divisional Magistrate, and the revision was maintainable. Conversely, in Surinder Singh VS State Of Punjab - Punjab and Haryana, it is clarified that orders under Section 146(1) are interlocutory and generally not subject to revision, but orders under Section 145 can be challenged in revision. -
Conditions for Appointment of Receiver
The appointment of a receiver by the Magistrate under Section 145 is permissible when there is a dispute over possession that poses a threat to peace or order. The court must be satisfied that the dispute involves a breach of peace or violence, as seen in Gaffar Khan VS Jafar Khan - Madhya Pradesh, where the revisional court's failure to consider the legal provisions led to the order being set aside. The order must also fulfill the requirements of Section 146(1), including satisfaction that the dispute or emergency warrants attachment and appointment of a receiver, as discussed in Santosh Jain VS Salim Khan - Madhya Pradesh. -
Limitations and Procedural Aspects
Orders under Section 145 are subject to revision, but courts must adhere to procedural constraints, such as the bar on second revision petitions under Section 397(3), as noted in Surtani W/o Late Shri Satar Khan VS State of Rajasthan - Rajasthan. Furthermore, the courts should not assess the likelihood of breach of peace unnecessarily; their primary role is to ensure that the order is justified based on the facts and circumstances presented, as per Binda Devi VS State of U. P. - Crimes. -
Main Insights
- Courts can appoint receivers under Section 145 CrPC to safeguard disputed property during ongoing proceedings.
- Orders under Section 145 are revisable, but the scope is limited, especially concerning interlocutory orders like those under Section 146(1).
- Proper satisfaction of conditions related to breach of peace or emergency is essential for the appointment of receivers.
- Procedural rules, including restrictions on second revisions, influence how these orders are challenged and reviewed.
References:
- MADHURI SAHU VS SURESWARA SAHU - Orissa, JAGDISH Vs. STATE OF RAJASTHAN - Rajasthan, Surtani W/o Late Shri Satar Khan VS State of Rajasthan - Rajasthan, Chhagan Lal VS The State of Rajasthan - Rajasthan, Binda Devi VS State of U. P. - Crimes, Binda Devi VS State of U. P. and another - Allahabad, Gaffar Khan VS Jafar Khan - Madhya Pradesh, Santosh Jain VS Salim Khan - Madhya Pradesh, B. SIMANCHALAN VS BASANTA KUMAR BEBARTA - Orissa, Surinder Singh VS State Of Punjab - Punjab and Haryana
Search Results for "Revisional Court can Order to Appoint Receiver Section 145 Crpc"
2004 0 Supreme(Ori) 145 • India - Orissa
L.MOHAPATRA
under Section 145, Cr. ... Finding of the Court: The court found that the proceeding under Section 145, Cr. P. ... Revision - Criminal Procedure - Section 145 of Cr. P. ... Learned counsel appearing for the opposite party supporting the revisional order submitted that while the civil Court on consideration of materials before it refused to....
2024 Supreme(Online)(RAJ) 30347 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE FARJAND ALI, J
(A) Code of Criminal Procedure, 1973 - Sections 145 and 397 - Challenge to orders dropping proceedings under Section 145 - The Executive ... 145 of the Cr.P.C. after 25 years, following the death of a party involved. ... ... ... Issues: The main issues were whether the Executive Magistrate had the authority to drop proceedings under Section 145 and ... Upon challenging the order regarding attachment, vide #HL_STA....
2017 0 Supreme(Raj) 536 • India - Rajasthan
VIJAY BISHNOI
P.C. but in fact it is a second revision petition, which is clearly barred under sub-section (3) of Section 397 Cr. ... Criminal Produce Code, 1973 – Sections 145, 397(3) and 482 – Land Issue – Agricultural / Cultivating Land ... Cr. ... Being aggrieved with the order dated 19.8.2015 passed by the trial court under Section 145(1) and 146(1) Cr. P.C., the petitioner has preferred a revision petit....
2009 0 Supreme(Raj) 1971 • India - Rajasthan
MANAK MOHTA
by the learned revisional court. ... Ratio Decidendi: The court decided that as the main proceeding under section 145 Cr.P.C. was pending before the SDM Court ... Attachment - Disputed Land - 145, 146(1) Cr.P.C. - The court discussed the proceedings taken under sections 145 and 146-A Cr.P.C ... It is pertinent to note that the petitioner himself has filed an ap....
• India - Crimes
ARVIND KUMAR TRIPATHI
(i) Criminal Procedure Code, 1973—Section 145(1) and 146(1) —Order of attachment passed by Sub-Divisional Magistrate—Revision—Whether ... (Paras 9 to 11) ... (ii) Criminal Procedure Code, 1973—Section 145(1) ... was not the duty of revisional court to assess likelihood of breach of peace while exercising revisional jurisdiction—Impugned order ... Power to attach subject of dispute and to #HL_START....
2013 0 Supreme(All) 2838 • India - Allahabad
ARVIND KUMAR TRIPATHI II
Revisionist - Criminal Procedure Code - Section 145, Section 146 - The court discussed the maintainability of a criminal revision ... Finding of the Court: The court found that the revision against the order under Section 146(1) of the Criminal Procedure ... The court concluded that the revisional court had erred in quashing the order passed ....
2015 0 Supreme(MP) 617 • India - Madhya Pradesh
D.K.PALIWAL
order -- revisional Court also failed to consider provisions of code, 1973 -- impugned order set aside -- petition allowed -- matter ... of attachment passed -- same was confirmed by revisional Court -- no where in order recorded that dispute is likely to cause breach ... C., 1973 -- Ss.482, 145(1) and 146(1) -- proceedings under -- dispute of possession on land -- on basis of breach of peace, order ... As regard powers of Magistrat....
2011 0 Supreme(MP) 387 • India - Madhya Pradesh
G.D.SAXENA
Held: Hence, a Magistrate can proceed to decide the dispute under section ... The order in the present case passed by the learned Sub Divisional Magistrate cannot be considered fulfilling the requirement of Section 146(1) that he was satisfied that the emergency was of such kind that it was necessary to attach the land and appoint a receiver. ... The contention of the Petitioners is that the order passed by the revisional court is patently illegal an....
1988 0 Supreme(Ori) 161 • India - Orissa
S.C.MOHAPATRA
CRIMINAL PROCEDURE CODE - SECTION 145 - SECTION 145 (5) - SECTION 145 (8) - SECTION 146 - SECTION 15 (5) - SECTION 15 (6) - SECTION ... 145, CrPC to allow the Petitioner to move the Revenue Officer for the appointment of a receiver. ... proceedings under Section 145, CrPC, and should have st....
1996 0 Supreme(P&H) 273 • India - Punjab and Haryana
K.K.SRIVASTAVA
a Receiver under Section 146. ... , while an order passed under Section 146(1) is an interlocutory order and not amendable to revisional jurisdiction. ... Finding of the Court: The Court held that a revision against an order passed under Section 145(1) of the Code of Criminal ... It is only when the Civil Court does not appoint the ....
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