Crpc 145
DAYASAGAR MEHER
(Querist) 09 July 2013
This query is : Resolved
Herein I am attaching scan copy of a case u/s 145 crpc.
We are the second party and on the basis of complaint filed by the son of first party, police (Inspector In-Charge, IIC) has imposed 145 crpc case against us.
Now the fact of case is 1st party has purchased a land from a person back in 1986 and constructed a house therein. Later on by demarcation he found that some portion of land he has purchased fell into our possession i.e. we had a house for live-cattle into that land. But first party didn’t filed any case at that time.
Within these years they had had many demarcations and for each and every time they say that we possess some portion of land registered into their name and asked us to break our house and handover to them. But we refused to break our house and handover to him.
About 1 year ago, we decided to break our house for live cattle and construct new house for car parking. We broken down and constructed new house on the same foundation on which earlier house was existing. Now 50% of land is vacant though boundary is present and on rest 50% house is there.
After that our neighbor filed criminal case against us, u/s 447/294/506. This case is pending in the court. Now police (IIC) has filed case before the Sub-Divisional Judicial Magistrate to prosecute us u/s 145 crpc to restrain us from the land and has written in the above document that our first party has got the right of possession over the land.
My question :
1. Can 145 crpc be imposed under such circumstances. Can criminal revision petition be filed for this.
2. Can the above case be considered as false case. Can we file FIR of false case against our neighbor and against police.
3. Can police request Judicial Magistrate to restrain from the land. Is this a illegal interference of police in civil case. If yes, what action should be taken against police.
4. Can we file defamation suit against police and our neighbor for the above case.
Devajyoti Barman
(Expert) 09 July 2013
1. Yes , you can file criminal motion against it.
2.It can not be regarded as false even if you are acquitted from this.
3.Yes
4.No
Rajendra K Goyal
(Expert) 10 July 2013
Agree with the experts. nothing more to add.
