Excelsior Correspondent
Jammu, Apr 8: An order passed by Sub Divisional Magistrate, Thathri by virtue of which Section 145 of Cr.P.C was invoked in respect of land comprising of Survey No. 511 measuring 1 Kanal 8 Marlas situated as Village Bhella which was assailed in revision in case titled “Girdhari Lal V/S Sub Divisional Magistrate, Thathri and Anr” before Court of Additional Sessions Judge, Doda was set aside by allowing the revision by additional District Judge Doda, Amarjeet Singh Langeh today.
“Section 145 of Cr.P.C was invoked by Sub Divisional Magistrate, Thathri in respect of above said land on the basis of request made by SHO Police Station Thathri that land in question be attached and parties be restrained to avoid breach of peace on spot. The Sub Divisional Magistrate, Thathri also called report from Tehsildar Bhella who reported that land in question is un-cultivated and is being used for playing cricket by youth of village and same is not in any body’s possession since long. It was also reported that civil dispute with regard to land is also pending before the Court of Civil Judge (Junior Division), Thathri wherein status quo had been directed to be maintained with regard to the suit land,” the Judge observed.
While allowing the revision, the judge held”It needs to be noted that principal object of section 145 of CrPC is merely to maintain law and order and to prevent breach of peace in a dispute pertaining to immoveable property”, adding “Nothing suggests in the order impugned that before invoking Section 145 of Cr.PC, a preliminary order as is required by Section 145 of Cr.PC, has been drawn by Sub Divisional Magistrate, Thathri, leave alone expressly recording his satisfaction with respect to dispute regarding land in question and imminent likelihood of breach of peace on that count.”
“This apart, SDM Supra also failed to appreciate the legal fall out of the status quo order passed by Civil Court. The order impugned, therefore, is in total derogation and utter breach of mandate of Section 145 of Cr.P.C and thus is illegal, particularly when civil court as aforementioned has directed maintenance of status quo with respect toland in question, Stricto-sensu”, observed the Court.
With these observations, Court allowed the revision and set aside the order passed by Sub Divisional Magistrate, Thathri.
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