Sealing of immovable property

As per chapter VIIA of CrPC, the power to annex or seal any immovable property lies with the Court only.

 Section 145 of CrPC

According to the Section, the Magistrate must be convinced that there is a conflict over an immovable property and that this dispute is likely to result in a breach of peace before starting any legal proceedings. However, the provision requires him to grant a preliminary order under subsection (1) after he is satisfied with these two requirements, and then to make an inquiry under subsection (4) and pass a final decision under subsection (1). It is not essential for the suspicion of a breach of peace to be present or continue at the time the final order is given. Regardless of the parties’ rights, the inquiry under Section 145 is only allowed to focus on the issue of who was in actual possession on the day of the preliminary order. The High Court refused to address the issue of whether the evidence presented to the magistrate was sufficient while exercising its revisional jurisdiction.