Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Both the parties to dispute have rival claim regarding title to subject property and possession thereof - Executive Magistrate did not find himself able to decide possession of parties over it without any inquiry and hence, proceeding u/s 145 Cr.P.C was initiated - Alleged..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - When a cognizable offence has been committed by certain villagers, it was inappropriate on the part of police to initiate proceedings u/s 145 Cr.P.C on the ground that there was apprehension of breach of peace in the village, particularly when parties were already availing their remedies before the..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Orders u/ss 145(1), 146(1) Cr.P.C - Dispute is only regarding office of management of society - Such dispute can never be held as a dispute regarding ownership and possession of immovable property - Assistant Registrar has authority to decide the dispute regarding management of office society - However, Magistrate..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dispute between parties is basically of civil nature regarding which litigation is pending between them before civil Court - Complainant has not been able to bring this dispute within four corners of S.145 Cr.P.C - He could have sought his remedy in civil Court instead of getting proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 482, 145, 146 -- Quashing of order - Proceedings u/ss 145, 146 Cr.P.C. - Receiver took the possession of 30 shops in concerned market - Compromise arrived at between parties - Recovery memo reveals that property ought to have been released in favour of person from whom possession thereof was taken - But, without due application of..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in the intervening period between..........
Criminal Procedure Code, 1973, Section 145 -- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order is passed proceedings are..........
