SANDU KESHAVSINGH SHINDE Vs. RAMSINGH MAHASINGH SHINDE

JUDGEMENT

(1.) THIS criminal writ petition arises out of the proceedings under section 145 of the Criminal Procedure Code. The Executive Magistrate, Sillod in exercise of his power conferred on him by sub-section (1) of section 145 of the Criminal Procedure Code directed that the disputed property C. T. S. No. 63 of village Satara (Bk.) be taken possession of under the supervision of the Government until proceedings are disposed of. That order passed by the Executive Magistrate was challenged by the respondent in revision and the learned Addl. Sessions Judge by the order dated 9-9-1991 set aside the order of Executive Magistrate and directed party No. 1 to continue in possession over the subject matter of dispute.

(2.) THE question arises whether the revisional Court was justified in interfering with the order passed by the Executive Magistrate under sub-section (1) of section 145 of the Code of Criminal Procedure.

(3.) IN order to appreciate this question it may be stated that the object of the section is merely to prevent a breach of the peace by maintaining one or other of the parties in possession which the Court find they had immediately before the dispute. The action which may ultimately be taken is not punitive but preventive, and for that purpose is provisional only until such time as final or formal adjudication on the rights affected may be obtained and carried into effect by a Court competent to deal with the matter in due course of law. That necessarily means that nothing that could affect the past, present or future rights of the parties, was contemplated in the section 145 of the Code of Criminal Procedure.