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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     25 July 2009

!45 Cr.P.C.

Whether an Executive Magistrate in a proceeding under Section 145 Cr.P.C. , can direct delivery of possession ?


 5 Replies

Kiran Kumar (Lawyer)     25 July 2009

in my opinion he can under clause 4 of the section.


i ll check some judgments as well.

Ziaul Haque Ansari (Advocate)     25 July 2009

Please see section 145 (6) (a)

Vishwa Bhushan Arya (Service)     25 July 2009

No, the executive has no jurisdiction to handover the possession.  That order has to come from the Civil courts. 

Dharmesh Manjeshwar (Advocate/Lawyer)     29 July 2009

Section 145 (6) (a) speaks for itself about the query ...

(6)(a) If the Magistrate decides that one of the parties was, or

should under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.


Hibu Gambo (social service)     22 July 2010

as per  sec.145  of the cr.pc actual ownership could be determine. there fore executive magistrate may deliver possession of ownership

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