P&H: Refuses to quash S.145 CrPC proceedings despite civil suit and status quo order

(i) Criminal Procedure Code, 1973, S.145 — Proceedings u/s.145 are preventive in nature and do not confer jurisdiction on the Executive Magistrate to adjudicate title or finally determine the rights of the parties over the disputed property — Object is to preserve public peace where...

(ii) Criminal Procedure Code, 1973, S.145 — Civil court proceedings — Mere interim order directing parties to maintain status quo regarding possession does not amount to an adjudication of possession and does not completely exclude the jurisdiction of the Executive Magistrate u/s.145. (Para 7)

(iii) Criminal Procedure Code, 1973, S.145 — Civil Court Parallel proceedings — Merely because civil suit is pending would not render proceedings u/s.145 non-maintainable where civil court has not adjudicated question of possession and there exists material indicating likelihood of breach of peace. (Para 8)

(iv) Criminal Procedure Code, 1973, S.145 — Demarcation report — An order directing Patwari to submit report regarding demarcation of property neither decides title nor confers possession upon either party and does not finally determine the rights of either party. (Para 9)

(v) Code of Criminal Procedure, 1973, S.145 — Status quo order — An order of status quo passed by Civil Court does not amount to an adjudication regarding possession and where there exists an apprehension of breach of peace, the Executive Magistrate is not denuded...