Regarding implementation of court order under sec. 145 of crpc
umesh
(Querist) 21 November 2012
This query is : Resolved
we have some properties in form of residential plots. while we start some development some antisocial elements entered illegally & started demanding money. we refuse for same & approached police & as usual police refuse to take any action. we approached sub-divisional magistrate under section 145 of CrPc., who after hearings passed order declaring the occupation of antisocial elements as illegal & ordered them to leave from property. SDM have served the order to both parties. Their is no order/stay order against this order. SDM has not communicated this order to police, as police is to see to prevent any breach of peace & tranquility. Antisocial elements are not obeying court's order.
Normally under similar section like 144 OF CrPc, distict authority enforce the section & inform to police who implement the same.Against any offender action are being initiated by police.
Under section 145 of CrPc, it is who's responsibility to see that court's order be implemented? please guide about the ways to see that court's order be implemented.
In one of the case Supreme Court held--Prakash Chand Sachdeva Vs. State [1993] INSC 526 (14 December 1993)
SAHAI, R.M. (J) SAHAI, R.M. (J) PANDIAN, S.R. (J) CITATION: 1994 AIR 1436 1994 SCC (1) 471 1993 SCALE (4)65
...5.In the circumstances we allow this appeal, set aside the order passed by the High Court and the Magistrate dismissing the application filed under Section 145 CrPC and direct that the appellant shall be placed in possession of the green portion forthwith, shown in the map filed by the appellant the correctness of which was not disputed even if third party interest had been created with the help of the police, if necessary.
In the above circumstances, it is who's responsibilities to see that order should be implemented? can we request SDM to send order to police for implementation? In event of Govt. agencies refuses to see implementation of court's order, what remedies are possible?
Devajyoti Barman
(Expert) 21 November 2012
The order itself mention the agency to implement the order which is generally the SHO.
M V Gupta
(Expert) 24 November 2012
If the order does not mention the authority to implement the order, you may apply to the court for issuing necessary directions to the police.
Raj Kumar Makkad
(Expert) 27 November 2012
I do agree with Mr. Gupta on this subject.
