notice u/s 145 CrPC

Querist : Anonymous (Querist) 25 April 2010 This query is : Resolved
Our query on 18.4.2010 was:
Notice u/s 145 Cr.P.C. was issued in October by SDM in respect of a residential property. HC subsequently issued a status quo order. Can the SDM ignore the HC order to alter the status of possession of a property bequeathed exclusively to Complainant in the proceedings u/s 145 Cr.P.C. by the deceased owner-testator ?
Probate proceedings are already on before High Court in respect of the registered Will since April. The beneficiary of such property was pushed out by force and under threats to his life .
After making several complaints to the local police, an FIR was registered in September when the goons/tresspassers were arrested. The beneficiary of this property immediately reoccupied this property as the tresspassers were booked, whereafter, the Beneficiary has been living in the said property peacefully for more than a year, now. Proceedings u/s 145 were initiated after the beneficiary reoccupied the property.

Your reply on 19.4.2010 was:
It shall be better to bring all the facts before HC and initiate proceeding under contempt of court against SDM and all relevant persons. SDM has abused his pwoers in the given query

Our further query on 19.4.2010 was:
Order u/s 145(1) is yet to be passed;
The objectors in the Probate proceedings are also praying for sealing of the bequeathed property, though being in peaceful possession since over an year and a half, after re-occupying after booking of the tress-passers, engaged by the objectors !

No reply recd from you so far.
Please answer.
Regards

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Raj Kumar Makkad (Expert) 26 April 2010
Their prayer is not tenable before law and your peaceful possession over the property shall remain intact till the decision of the already pending case but you should bring all facts before High Court through your lawyer so that the plea of the opponent may be replied properly in time with the help of latest citations on the subject.

Gulshan Tanwar (Expert) 26 April 2010
Make a civil writ and then see the difference

Querist : Anonymous (Querist) 04 May 2010
What would be the difference and effective relief that could be expected from Civil writ and at what costs ?

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