Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Ss.145, 146 Cr.P.C., together constitute a scheme for resolution of a situation where there is a likelihood of breach of peace because of dispute concerning any land or water or their boundaries...........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Magistrate obliged to record a specific and clear cut finding in order to grant restoration of possession of property that party has been forcibly and wrongfully dispossessed within 2 months on which report of police officer or other information was received by Magistrate or atleast 2 months prior..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Plea that no finding is recorded by Magistrate that respondent dispossessed prior to 2 months from date of passing of preliminary order - Such plea goes to root of matter - Even though such plea never raised either before Magistrate or before Sessions Court, same can be raised before High Court in..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Magistrate while passing order of restoration of possession not recorded a finding that respondent was forcefully and wrongfully dispossessed prior to 2 months from date of passing of preliminary order - Such finding is sine qua non for passing order of restoration of possession u/s 145(6)(a) of..........
Criminal Procedure Code, 1973, Section 145, 146 -- Orders passed u/ss 145, 146 Cr.P.C - Are interim in nature only to avoid imminent danger of breach of peace - Proceedings cannot be used for getting possession over land for which most suitable remedy is the filing of civil litigation...........
Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
Criminal Procedure Code, 1973, Section 145, 146 -- Order of attachment - Petitioner in possession of premises - Eviction of petitioner without drawing conclusive proceedings in accordance with law - Not justified - Impugned order to the extent of eviction of petitioner set aside...........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - There is no scope to enable Court, prosecution or accused to use police dairy for purpose of contradicting any witness other than police officer, who made it...........
