Limitations of Section 145 of CRPC
Kirtiman Kohli
(Querist) 27 July 2011
This query is : Resolved
Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.
Thanking you
Your's faithfully
Kirtiman Kohli
ajay sethi
(Expert) 27 July 2011
1)you are at liberty to file a civil suit for declaration of title , possession and injunction in civil court . once a civil suit has been filed any orders passed by civil court shall be binding upon criminal court
2) after filing of civil suit you can make an application before the magistrate that proceedings under section 145 should not continue and be dropped as civil court is already seized of the matter
