Law:

Section:

Criminal Procedure Code (V of 1898)------- ----S. 145-Dispute as to possession of immovable properly-Ambit of jurisdiction of criminal Court to attach under S. 145(4) property which is already subject-matter of an order of civil Court regulating its possession during pendency of suit. A Magistrate cannot under section 145 of the Criminal Procedure Code, act in violation of 4 decree or the terms of an order passed by a civil Court during the trial of a suit. The proceedings initiated under section 145, Cr. P. C., are subordinate to a decree or orders passed by a civil Court in respect of the property in dispute before the Magistrate. The primary concern of the proceedings under the Criminal Procedure Code is to prevent breach of peace arising- out of a dispute concerning `land' or `water'. These proceedings though concerning the subject-­matter of dispute between the contending parties, do not concern themselves with the adjudication of their rights in the property. The resolution of the dispute lies exclusively in the realm of a civil Court. The orders passed by a Magistrate for attachment of the subject-matter of dispute are therefore of a transitory nature. That is why a Magistrate will not appoint a receiver if the property in dispute is already in the possession of a civil Court through a receiver appointed by it and the receiver appointed by a Magistrate must make over possession to the receiver appointed by a civil Court subsequently. Section 145 therefore proceeds on the premises that the Magistrate will cease to deal with the possession of 'land' or `water' in dispute before him as soon as a civil Court is seized with the dispute and has passed a decree declaring the rights of the parties therein or has passed an order regulating possession of the subject-matter of the suit. In such a case, if apprehension of breach of peace prevails, the Magistrate can take action under sections 107 and 151, Cr. P. C., and bind down the party threatening to act in violation of the decree of the Court or the terms of an interim order appointing a receiver or requiting the parties to maintain status quo. Different consideration may of course arises in indivi­dual cases…

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