Section 145 of CRPC
"Procedure where dispute concerning land or water is likely to
cause breach of peace"
(1) Whenever an
Executive Magistrate is satisfied from a report of a police or upon
other information that a dispute likely to cause a breach of the
peace exists concerning any land or water or the boundaries thereof,
within his local jurisdiction, he shall make an order in writing,
stating the grounds of his being so satisfied, and requiring the
parties concerned in such dispute to attend his Court in person or
by pleader on a specified date and time, and to put in written
statements of their respective claims as respects the fact of actual
possession of the subject of dispute.
(2) For the purposes of this section, the expression "land or water"
includes buildings, markets, fisheries, crops or other produce of
land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by
this Code for the service of a summons upon such person or persons
as the Magistrate may direct, and at least one copy shall be
published by being affixed to some conspicuous place at or near the
subject of dispute.
(4) The Magistrate shall then, without reference to the merits or
the claims of any of the parties to a right to possess the subject
of dispute, peruse the statements so put in, hear the parties,
receive all such evidence as may be produced by them, take such
further evidence, if any, as he thinks necessary, and, if possible,
decide whether any and which of the parties was, at the date of the
order made by him under sub-section (1), in possession of the
subject of dispute:
Provided that if it appears to the Magistrate that any party has
been forcibly and wrongfully dispossessed within two months next
before the date on which the report of a police officer or other
information was received by the Magistrate, or after that date and
before the date of his order under sub-section (1), he may treat the
party so dispossessed as if that party had been in possession on the
date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required to
attend, or any other person interested, from showing that no such
dispute as aforesaid exists or has existed; and in such case the
Magistrate shall cancel his said order, and all further proceedings
thereon shall be stayed, but, subject to such cancellation, the
order of the Magistrate under sub-section (1) shall be final.
(6) (a) If the Magistrate decides that one of the parties was, or
should under the proviso to sub-section (4) be treated as being, in
such possession of the said subject, he shall issue an order
declaring such party to be entitled to possession thereof until
evicted therefrom in due course of law, and forbidding all
disturbance of such possession until such eviction; and when he
proceeds under the proviso to sub-section (4), may restore to
possession the party forcibly and wrongfully dispossessed.
(b) The order made under this sub-section shall be served and
published in the manner laid down in sub-section (3).
(7) When any party to any such proceeding dies, the Magistrate may
cause the legal representative of the deceased party to be made a
party to the proceeding and shall thereupon continue the inquiry,
and if any question arises as to who the legal representative of a
deceased party for the purposes of such proceeding is, all persons
claiming to be representatives of the deceased party shall be made
(8) If the Magistrate is of opinion that any crop or other produce
of the property, the subject of dispute in a proceeding under this
section pending before him, is subject to speedy and natural decay,
he may make an order for the proper custody or sale of such
property, and, upon the completion of the inquiry, shall make such
order for the disposal of such property, or the sale-proceeds
thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the
proceedings under this section, on the application of either party,
issue a summons to any witness directing him to attend or to produce
any document or thing.
(10) Nothing in this section shall be deemed to be in derogation of
the powers of the Magistrate to proceed under section 107.
DISPUTES AS TO IMMOVABLE PROPERTY
Procedure where dispute concerning land or water is likely to cause
breach of peace? Section 145 of Code of Criminal Procedure 1973
Power to attach subject of dispute and to appoint receiver? What is
Dispute concerning right of use of land or water? What is Local
inquiry? Section 145 of Code of Criminal Procedure 1973
PREVENTIVE ACTION OF THE POLICE
Police to prevent cognizable offences? What is information of design
to commit cognizable offences? What is arrest to prevent the
commission of cognizable offences? Section 149, 150 and 151 of Code of Criminal Procedure 1973
prevention of injury to public property? Inspection of weights and
measures? Section 152 and 153 of Code of Criminal Procedure 1973
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Information in cognizable cases? What is Information as to
non-cognizable cases and investigation of such cases? Section 154
and 155 of Code of Criminal Procedure 1973
Police officers power to investigate cognizable case? Procedure for
investigation? Report how submitted? Power to hold investigation or
preliminary inquiry? Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973
Section 160 of Code of Criminal Procedure
What is Police Officer's Power to summon witnesses under?.
What are the conditions to issue Summon under section 160 of CRPC? What is the
punishment for non Compliance of Summon Section 160 Summon?
Section 161 of Code of Criminal Procedure 1073
What is Examination of Witness by Police?.
What are the conditions for examinations of Witnesses by Police?
Section 162 of Code of Criminal Procedure
Is statement to Police to be signed?. Statements
of Police not to be signed