AI Structured Summary
Not yet generated for this judgment
Judgment
D.N. Prasad, J.—This application has been filed for quashing the order dated 4.12.1999, whereby and whereunder the learned Executive Magistrate, Godda passed the order attaching the entire lands of the petitioners u/s 146(i) of the Code of Criminal Procedure in connection with Criminal Case No. 500/1999 relating to T.R. Case No. 214/2000 and also prayed for quashing the entire proceedings initiated u/s 145(5) of the Code of Criminal Procedure.
Today, one supplementary affidavit has also been filed annexing the copy of the plaint of Title Suit No. 28/94 and also copy of the other papers relating to the report of Anchal Adhikari.
The learned counsel appealing on behalf of the petitioner submitted that the order has been passed by the Court, below illegally attaching the lands in question without applying his mind as there is no breach of peace at the spot which will be evident from the report of the Anchal Adhikari as well who recommended and found that there is no breach of peace at the spot. It is further submitted that the title suit is already pending in respect of the paid land and so the proceedings u/s 145 should not run or continue simultaneously when the title suit in respect of the same land is pending before the court below.
On the other hand, the learned counsel appearing on behalf of the opposite party No. 2 contended before me that the said title suit is not in respect of the land rather that suit was filed for declaring the defendant Gangadas be not the adopted son of Ghoghan Das and there is a prayer for declaring that the registered deed of adoption dated 22.7.1936 is false illegal and void and as such the learned court below rightly initiated a proceeding u/s 145, Cr PC, in respect of the land for which there is an apprehension of breach of peace and also attached the land in question after finding emergent apprehension of breach of peace.
From going through the records of the case, it is apparent that a proceeding u/s 145, Cr PC was initiated after satisfying about apprehension of breach of peace and the dispute is in respect of the land as well. There is apprehension of breach of peace and thereafter by order dated 4.12.1999 the land in question was attached u/s 146(1), Cr PC which order is temporary in nature. The said Title Suit 28/94 is for declaration of deed of adoption as void and illegal and not for title or possession over the land in question and in my view, therefore, the Magistrate has rightly initiated the proceeding u/s 145, Cr PC after being satisfied about the apprehension of breach of peace.
It is pointed out, at this stage, that the land has already been released now from attachment finding no apprehension of breach of peace.
Since, there is no title suit pending in respect of the land in question in the court and as such the court below has rightly initiated the proceeding after finding and satisfying about the existence of tension and apprehension of breach of peace at the spot. Thus, I do not find any merit in this application, which is accordingly dismissed.