Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispossession in the garb of proceedings u/ss 145, 146 Cr.P.C. - Practice deprecated - A judicial notice is taken of the fact that an influential person purchasing land in possession of another person takes the help of police in getting an order of appointment of receiver passed and thus dispossessing the person in..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Criminal Procedure Code, 1973, Section 145, 154 -- Dispute regarding immovable property or water likely to cause breach of peace - FIR registered u/s 145 Cr.P.C. - FIR quashed - Held, S.145 of Cr.P.C. does not contain a penal provision much less deal with any type of offence whether cognizable or non cognizable - It prescribes procedure to be followed where dispute..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Dropping of - Legality of - Executive Magistrate dropped the proceeding u/s 145 of Cr.P.C. only on the basis of police report which only recorded statement/stand of opposite party-respondent and also that no opportunity was given to present petitioner to put up his case - Held, impugned order..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145 and 146 Cr.P.C. cannot be quashed merely on the basis of pendency of civil suit when the subject matter is not of the disputed property...........
Criminal Procedure Code, 1973, Section 145 -- Dispute as to possession of house - Civil suit pending - Proceedings u/s 145 quashed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil Court in a suit passed interim order restraining defendant not to dispossess the petitioners from land till disposal of suit - Held, during pendency of civil proceedings, SDM has no jurisdiction to initiate proceedings u/s 145 and 146 Cr.P.C. - Order of attachment by SDM is abuse of the process of Court and liable to..........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil suit for permanent injunction filed by both the parties - Order of Magistrate u/ss 145 & 146 Cr.P.C. quashed - Parties to approach civil Court for interim order...........
