Mohd. Abid vs Ravi Naresh
DATE OF ORDER:
1st November 2022
Justice Surya Kant and Justice J B Pardiwala
Petitioner : Mohd. Abid
Respondent : Ravi Naresh
The Supreme Court stated that the procedures under Sections 145 and 146 of the Criminal Procedure Code must cease after the Civil Court takes jurisdiction over the case.
Code of Criminal Procedure, 1973
- Section 145 of the Cr.P.C. is solely meant to provide a prompt remedy for the prevention of breach of peace resulting from disputes about immovable property like land or water.
- Section 146 of the Cr.P.C. gives power to the Magistrate to attach the subject of dispute and appoint a receiver if he thinks its a case of emergency or if he believes none of the parties was then in possession as referred in Section 145 or when he is not satisfied of the subject of dispute.
- He may withdraw the attachment when he is convinced that there is no longer any probability of breach of peace in relation to the subject of dispute.
- The subject of contention in this case is Zamindari Plot No. 3082, which is located in Mohalla Angooribagh, Faizabad, Uttar Pradesh, and has residential and commercial buildings built on it.
- To understand the validity of the impugned final judgment and order dated 04-03-2022 in A482 No. 792/2022 passed by the High Court Of Judicature At Allahabad, Lucknow Bench
ARGUMENTS ADVANCED BY THE APPELLANT
- The counsels for the petitioners asserted that they have acquired the subject property through four successive registered Sale Deeds dated 05.10.2020.
- It is an established fact that the petitioners have already filed an action for injunction in which ex-parte adinterim injunction has been issued by the Civil Court, Faizabad, Uttar Pradesh on 05.12.2020.
ARGUMENTS ADVANCED BY THE RESPONDENT
- The counsels on behalf of the respondents contended that the suit property was acquired by their predecessors-in-interest via a legal Sale Deed on 16.11.1949.
ANALYSIS BY THE COURT
- It goes without stating that the procedures under Section 145/146 Cr.P.C. cannot continue and must terminate once the Civil Court becomes involved. The Civil Court will ultimately decide the parties' respective rights to ownership or possession.
- In light of the foregoing circumstances, the court dismissed the Special Leave Petition with the instruction that the ad interim order issued by the Court on June 3, 2022 shall continue to be in effect as a temporary measure until the Civil Court in Faizabad issues an appropriate ruling after hearing from both parties.
- However, it is mandated that neither party shall provide any third party rights or encumbrances over the subject property in order to prevent duplication of processes.
- After a thorough observation and scrutiny of all the facts, the Court disposed the Special Leave Petition and any pending interlocutory applications were also disposed.
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