Section 145 to 148 of Crpc

dear students,



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Section 145 of the Code of Criminal Procedure, 1973 is purported to meet an emergent situation where

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The Executive Magistrate at any time after making the order under sub-section (1) of Section 145 in the Code Of Criminal Procedure, 1973 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in Section, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court of Law has determined the rights of the parties thereto with regard to the person entitled to the possession thereof, attach subject of dispute under Section 146 of the Code Of Criminal Procedure, 1973.

Section 145 is intended only to provide a speedy remedy for the prevention of breach of peace arising out of disputes regarding immoveable property by maintaining one or other of the parties in possession. [Debi Prasad Vs Sheodat Rai, (1908) ILR 30 All 41; Krishna Kamini Vs Abdul Jubbar, (1903) 30 Cal. 155]. The proceedings under Section 145 are quasi-judicial and quasi-administrative in nature and their object is to prevent a breach of peace and maintain tranquility.

The Magistrate must be satisfied of the two conditions:

A dispute regarding immoveable property exists; and

such a dispute is likely to cause a breach of peace.

Once he is satisfied of these conditions, Section 145 requires him to pass a preliminary order under sub-section (1) and thereafter under sub-section (6). It is, however, not necessary that at the time of passing the final order, the apprehension of breach of peace should continue to exist. [R. H. Bhutani Vs Miss Mani J. Desai & Ors, AIR 1968 SC 1444; Rajpati Vs Bachan & Anr, AIR 1981 SC 18].

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[mukeshdevi]

THANKX alot sir ji..🙏🙏🙏...apke lecture bhut hi benefits h Mp Judiciary k liye ...I mean sir ji all over State ...🙏🙏🙏

[LaxmiSharma-mtlj]

Thank you so much sir for your valuable lectures

[prithvisinghtanwer]

This is very helpful for me sir, Thank you so much

[the_game_changer]

What if some strangers who trespassing through the land (barren) of a person not living in that area suppose he is living in urban area his land situated at rural area he occasionally visit there but three month later he found some strangers using his land as their way what is the remedy available to a owner of land ? Can magistrate pass an order in favour of those strangers who use this land from past three month?

[rajamishra]

Sir aap pdhate bhut acha h lkin yaar apki language Thodi saaf nhi h words mix krdete h app.. Bki sb Changa h ji..😅

[ekta]

Sir sec 145 sub sec (5) m other person is third person or parties dispute wali....could you please clear ke kaunsa stay hoga kaunsa kya hoga

[ananddwivedi]

Sir aap bahot accchi vedio bnate hai but sir please thoda sa or bhi simple way me samajhaye please 🙏

[dharmesh_prajapati..]

During case, possession given which party ? sir under section 145

[nareshkumar-gytn]

Sir section D m har jagah possession word use hua h khi bhi ownership use nhi hua h esa kyo