Section 145/146 CrPC Proceedings Must Come To An End Once Civil Court Is Seized Of The Matter: Supreme Court

The Supreme Court 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.

The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court, the bench of Justices said.

The court observed thus while considering a special leave petition against the order of Allahabad High Court that quashed passed by a magistrate under Section 146 CrPC. The dispute between the parties in this case is regarding a plot consisting of some shops and a residential house constructed on it, situated in Mohalla Angooribagh, Faizabad, Uttar Pradesh.

Section 145 CrPC deals with the proceedngs before Executive Magistrate where dispute concerning land or water is likely to cause breach of peace. Section 146 CrPC speaks about the power to attach subject of dispute and to appoint receiver.

In its order, the Apex Court bench observed:

"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 interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court."

The court however directed that to avoid multiplicity of proceedings, both the parties shall not create any third party rights or encumberances over the property in dispute.

In a recent order in Mohd Shakir vs State of Uttar Pradesh | 2022 LiveLaw (SC) 727, the Court had observed that while dropping the proceedings under Section 145 CrPC because of the pendency of civil litigations, a Magistrate cannot make any observations or return any findings as regards rights of the parties qua the property in question, the Supreme Court observed.

Case details

Mohd. Abid vs Ravi Naresh | 2022 LiveLaw (SC) 921 | SLP(Crl) 5444/2022 | 1 Nov 2022 | Justices Surya Kant and J B Pardiwala

Headnotes

Code of Criminal Procedure, 1973 ; Sections 145,146 - Once the Civil Court is seized of the matter, the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end - The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court.

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