Recently, the division bench of the Supreme Court, comprising Justice Surya Kant and Justice J.B. Pariwala, observed that the proceedings under Section 145/146 Cr.P.C. must come to an end once the Civil Court is seized of the matter.

"Once the Civil Court is seized of the matter, it goes without saying that the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end. The respective rights of the parties regarding title or possession are eventually to be determined by the Civil Court."

To avoid multiple proceedings, the court ordered that neither party create any third-party rights or claim over the property in dispute.

“To avoid multiplicity of proceedings, it is, however, directed that both the parties shall not create any third party rights or encumbrances over the property in dispute.”

In a recent order in Mohd Shakir vs. State of Uttar Pradesh, the Supreme Court stated that while dropping the proceedings under Section 145 CrPC due to the pendency of civil litigation, a magistrate cannot make any observations or return any findings as to the parties' rights qua the property in question.

The court made this observation while hearing a special leave petition against an order of the Allahabad High Court that quashed a magistrate's order under Section 146 CrPC. The parties in this case are arguing over a plot of land with some shops and a residential house built on it in Mohalla Angooribagh, Faizabad, Uttar Pradesh.

Section 145 CrPC governs proceedings before an Executive Magistrate when a dispute over land or water threatens to disrupt the peace. Section 146 of the CrPC provides for the power to attach the subject of the dispute and appoint a receiver.

Mr. Siddhartha Dave, Sr.Adv., Mr. S.B. Upadhyay, Sr.Adv., Mr. Rohit K. Singh, Adv appeared in the matter for respective parties.

Case Details:

Mohd. Abid vs Ravi Naresh

SLP(Crl) 5444/2022

Read the Complete Order on the following Link:-

https://main.sci.gov.in/supremecourt/2022/16279/16279_2022_12_14_39280_Order_01-Nov-2022.pdf