AI Overview...
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Subjective Satisfaction - The Magistrate's subjective satisfaction regarding the likelihood of a breach of peace is a crucial precondition for initiating proceedings under Section 145 Cr.P.C. It must be based on material and is not subject to judicial review, but the Magistrate must genuinely form this satisfaction based on the facts available P. K. Antia VS Shridhar Sadashiv Katdare & another - Bombay, Ram Pravesh Singh, Son of Late Bishundeo Singh VS State of Bihar - Patna, Ved Ram VS State Of U. P. - Allahabad.
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Legal Requirement - The Magistrate is required to form a real, honest, and subjective opinion that there is a reasonable apprehension of a breach of peace before proceeding. This satisfaction is a condition precedent and must be properly recorded in the order Ram Pravesh Singh, Son of Late Bishundeo Singh VS State of Bihar - Patna, Ved Ram VS State Of U. P. - Allahabad.
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Evidence and Material - The Magistrate's satisfaction can be based on police reports, disputes over possession, or other relevant material. However, failure to record such satisfaction or basing it on invalid or insufficient grounds renders the proceedings illegal Ved Ram VS State Of U. P. - Allahabad, Zahiruddin Ansari @ Md. Zahiruddin VS State of Jharkhand - Jharkhand.
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Judicial Review - While the satisfaction is subjective, courts have emphasized that it should be based on relevant material and not arbitrary. The satisfaction is generally not reviewable by courts, but the process must be genuine and not perfunctory P. K. Antia VS Shridhar Sadashiv Katdare & another - Bombay, Ram Pravesh Singh, Son of Late Bishundeo Singh VS State of Bihar - Patna.
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Critical Points - The courts have consistently held that the existence of a breach of peace is not required to be ascertained at every stage, but the initial subjective satisfaction must be properly formed. Orders lacking such satisfaction are liable to be quashed Hajrat Singh Bhaiyalal VS Bahadur Singh Jujhar Singh - Madhya Pradesh, Ram Pravesh Singh, Son of Late Bishundeo Singh VS State of Bihar - Patna.
Analysis and Conclusion:
The formation of the Magistrate's subjective satisfaction under Section 145 Cr.P.C. is a fundamental and non-judicially reviewable requirement for initiating proceedings. It must be based on relevant material and genuine belief that a breach of peace is likely. Orders without proper satisfaction or based on invalid grounds are liable to be challenged and quashed. Proper recording of this satisfaction ensures the legality and fairness of proceedings under Section 145.
Search Results for "Section 145 Criminal Procedure Code Breach of Peace Subjective Satisfaction"
1981 0 Supreme(Bom) 176 • India - Bombay
D.B.PADHYE
Whether the subjective satisfaction of the Magistrate about the likelihood of a breach of the peace was liable to be examined in ... The Court also held that the subjective satisfaction of the Magistrate about the likelihood of a breach of the peace was not liable ... The subjective satisfaction of the Magistrate about the likelihood of a breach of the peace was not liable to be ....
1995 0 Supreme(MP) 654 • India - Madhya Pradesh
A.S.TRIPATHI
Once it is proved on record that there was no likelihood of any breach of peace, it was the subjective satisfaction of the Magistrate ... CRIMINAL PROCEDURE CODE - SECTION 145 - POSSESSION - CO-SHARERS - MORTGAGE - BREACH OF PEACE - ORDER DROPPING PROCEEDINGS - VALIDITY ... The existence of a breach of peace is not necessarily to be ascertained at every stage of the proceedings under Sec....
2018 0 Supreme(Pat) 687 • India - Patna
ASHWANI KUMAR SINGH
Section 145 of the Cr.P.C. - Quashing of Order - Lack of Subjective Satisfaction Fact of the Case: The petitioner ... Ratio Decidendi: The court emphasized the need for subjective satisfaction of a real breach of peace before initiating proceedings ... (iii)The Magistrate shall form a subjective satisfaction to initiate such proceedings. ... To initiate proceedings under Section#HL_EN....
• India - Crimes
A.M.BHATTACHARJEE
such satisfaction subjective and beyond judicial review? ... of peace -Magistrate nevertheless in the initiating order under section 147 recording his satisfaction as to the likelihood of the ... breach of the peace-Revision against. ... In this case, however, the Magistrate has recorded in the initiating order that he was satisfied as to the likelihood of breach of peace. But is such satisfaction absolutely #HL_ST....
1985 0 Supreme(All) 131 • India - Allahabad
M.WAHAJUDDIN
Ratio Decidendi: The Magistrate's satisfaction regarding apprehension of breach of peace is subjective and can be based on ... The police report was relevant as a material for satisfaction whether any apprehension of breach of peace exists. ... The Magistrate had recorded his satisfaction regarding apprehension of breach of peace, centering round a dispute over possession ... It is well settled law that the #HL_ST....
2014 0 Supreme(Pat) 824 • India - Patna
ASHUTOSH KUMAR
–Once, the proceeding under Section 145 (1) Cr.P.C. commences, it presupposes the subjective satisfaction of the Magistrate with ... of possession under Section 145(1) Cr.P.C. ... an adjunct to any order having been passed under Section 145(1) Cr. ... Once, the proceeding under Section 145 of the Code of Criminal Procedure commences, it presup....
2014 0 Supreme(Pat) 636 • India - Patna
ASHUTOSH KUMAR
an order refusing their prayer under Section 145(5) of the Code of Criminal Procedure and attaching the property under Section 146 ... Code of Criminal Procedure - Proceedings under Section 145 and 146 - Summary Fact of the Case: The petitioners challenged ... of Section 145 proceedings in public interest. ... Once, the proceeding under Section 145 of the Code of Criminal Procedure#HL_E....
1983 0 Supreme(Sikk) 1 • India - Sikkim
A.M.BHATTACHARJEE
147 that he was satisfied as to the likelihood of the breach of peace-Is such satisfaction subjective and beyond judicial review ... under section 147 recording his satisfaction as to the likelihood of the breach of the peace-Revision against ... 147 and there are materials on record to show that there were grounds for his satisfaction as to the likelihood of breach of the ... of the right to the persons who are di....
1997 0 Supreme(All) 965 • India - Allahabad
S.K.PHAUJDAR
CRIMINAL PROCEDURE CODE - SECTION 145 - POSSESSION - RESTORATION - CONDITIONS - APPLICABILITY OF SECTION 145(4) AND (6) - SATISFACTION ... C. to quash two orders passed by the Magistrate under Section 145 Cr. P. C. ... C. was not valid as it was based on an invalid order under Section 145(1) Cr. P. C. ... of a breach of peace and although it is....
2015 0 Supreme(Jhk) 1275 • India - Jharkhand
H.C.MISHRA
Issues: Dispute over possession, failure to record subjective satisfaction about the apprehension of breach of peace, legality ... under Section 145 of the Cr.P.C. ... of either party under Section 145 of the Cr.P.C. ... It is also submitted that the learned Magistrate has not recorded his subjective satisfaction about the apprehension of any breach of #HL_STAR....
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