Law: Criminal Procedure Code (V of 1898)

Section: 145(1)(4),145,537,146

Criminal Procedure Code (V of 1898)------------S. 145 (1) (4)-"Dispute" -Includes a dispute without reference to claims of contending parties as to actual possession--Section could be invoked where contending parties are not in actual possession but have a bona fide right to succeed to subject of dispute-Attachment of movables along with and by order attaching land--Attachment of movables by separate order-Effect of.The object of the section is the prevention of disputes as to immov­able property likely to cause a breach of the peace and the words used "a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof" are wide enough to cover all kinds of disputes, not only disputes as to the fact of possession but also disputes as to the right to possess or the right to own or use immovable property if they are likely to cause a breach of the peace.The making of the final order seeking to put an end to an apprehen­sion of a breach of the peace is not dependent upon a party to the dispute establishing his possession. Even if neither party is found in possession and apprehension of a breach of the peace still exists, the Magistrate cannot discharge the proceedings on the finding that neither party's possession is proved, and he can still proceed to make an order under section 146 attaching the property until a Civil Court has determined the rights of the parties or of the persons entitled to possession thereof.There is, therefore, no warrant for restricting the plain meaning of the words "a dispute likely to cause a breach of the peace exists concern­ing any land or water or boundaries thereof" and to limit their applica­tion only to disputes as regards the fact of possession as distinguished from disputes relating to the right to possess.It would be not only unduly straining the language of the section but also inserting in it words that do not exists if the section were construed to mean that only such disputes as arise out of the fact of possession are within its purview.All disputes whether they arise out of actual possession or attempt­ed possession or out of use of immovable property ate covered by the section…

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