Crpc 145
DAYASAGAR MEHER
(Querist) 01 April 2013
This query is : Resolved
What is crpc 145 and what is it's objective......
can anybody be punished under this section.
my neighbor has sent me a notice u/s 145 from SUB-DIVISIONAL MAGISTRATE. I am in adverse possession for some portion of land for over 50 years and there is a distinct boundary for our possession. We are constructing house within the boundary. There is no civil case pending.
Under such situation I am unable to understand what is the intention of my neighbor by filing case u/s 145 crpc.
Can anybody tell me what is it's objective and what will be it's outcome.
Ankit Jain
(Expert) 01 April 2013
Object of Sec. 145 Cr.P.C. is to resolve the dispute regarding land and water which may disturb the public peace. The Executive Magistrate should not adjudicate the matter if it is of civil nature.
In case of 145 Cr.P.C. Magistrate has to decide who is in possession of disputed Land, if it appears to magistrate that any party has been forcibly and wrongfully dispossessed within two month, he may treat the party so dispossessed as if that party had been in possession ........
Devajyoti Barman
(Expert) 01 April 2013
If the restraint order u/s 145 crpc is not complied with then the person can be punished u/s 188 crpc.
Raj Kumar Makkad
(Expert) 01 April 2013
You need to file a civil suit for injunction against that person and should annex its copy with your reply before SDM with prayer to adjourn it sine die till the decision of civil court.
