Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898) S. 145-Section deals with question of possession and not with right, title or interest Expression parties concerned in such dispute"-Refers only to person in possession or persons claiming to be in possession-Parties in possession or claiming to be in possession alone necessary parties to proceedings under section 145-Impleading of all parties interested or claiming right to property or entitled to it-Not necessary. Section 145, Cr. P. C. deals only with the question of possession and not with right, title or interest. The words "parties concerned in such dispute" mentioned in section 145(1), Cr. P. C. refer only to person claiming to be in possession or persons who Abdul are concerned as claiming to be in possession: The subject-matter of the enquiry being only to ascertain the question of posses sion only the parties in possession or the persons claiming to be in possession are the necessary parties in the dispute and can be impleaded as such parties in the proceedings. It is not necessary that all parties interested in or claiming a right to the property in dispute or entitled to it should be made parties to the proceedings. Dates of hearing : 4th and 5th December 1968. JUDGMENT This is a Reference under section 438 of the Code of Criminal Procedure made by the Additional Sessions Judge, 1st Court, Dacca recommending to set aside an order dated 29-1-68 passed by Mr. Md. Sultan Ali, Magistrate, 1st Class, Dacca in a proceeding under section 145 of the Code of Criminal Procedure. The first-party petitioner Sahabuddin Ahmed filed an appli cation before the learned Sub-Divisional Magistrate, Dacca for drawing up a proceeding under section 144, Cr. P C. against the second-party-opposite-parties on the allegations that there was an apprehension of breach of the peace amongst the parties with regard to possession of certain lands. The learned Sub-Divisional Magistrate drew up a proceeding under section 144, Cr. P. C. on 27-3-67. Subsequently by an order dated 14-4-67 the said pro ceeding was converted into one under section 145, Cr. P. C. and the parties were asked to submit written statements. The matter was…