GULAM MOHAMMED AFSAL Vs. IQBAL BEGUM

JUDGEMENT

(1.) In a proceeding under section 145, Criminal Procedure Code, after due enquiry, the learned Third City Magistrate has declared that the respondents are in possession of the land in dispute. The petitioner has preferred a revision against the order of the Magistrate and pending the revision he has filed this application "to direct the lower Court to take possession of the land in dispute in M.C. No. 20 of 1966 on the file of the Third City Magistrate, City Criminal Court, Hyderabad."

(2.) Now, section 145 of the Code of Criminal Procedure, is in tended and designed to prevent breaches of the peace consequent on disputes affecting immovable property. It is in the nature of a.n emergency provision, provides fora summary t nquiry, enables the Magistrate to declare the possession of a party and enjoins on him the duty to forbid all disturbance of such possession until such party is evicted in due course of law. The object of the section is not to provide a rough remedy to the parties or an opportunity of converting their civil disputes into criminal proceedings or to enable them to manoeuvre for positions of advantage in later civil litigation.

(3.) Any advantage that a party may get as a result of a proceeding under section 145 is merely incidental. If it is remembered that the object of section 145 is the maintenance of peace and not to provide a remedy it will become clear that the emergency must cease with the declaration under section 145 (6) ; thereafter, all persons concerned in the dispute are bound by the order and none can persist in raising a dispute likely to occcasion a breach of the peace except on peril of being prosecuted for disobedience of the order.