This court held that possession disputes require civil intervention for title determination, dismissing the Crl. Misc. application while granting liberty to file a civil suit.
The application disposed of with liberty to file a civil suit within 3 months to adjudicate title and possession.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43232 of 2012
====================================================== 1. Md. Nasar @ Nesar S/O Late Md. Makbul R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 2. Abdul Guffar S/O Late Md. Makbul R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 3. Auranjeb @ Md. Auranjeb S/O Abdul Jabbar R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 4. Md. Firoj S/O Abdul Gaffar R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 5. Alamgir S/O Late Abdul Jabbar R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 6. Md. Afsar S/O Md. Nasar R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 7. Md.Firoj S/O Md. Auranjeb R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District – Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar 2. Md. Rasid S/O Md. Jalal R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 3. Md. Khurasid S/O Md. Jalal R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 4. Md. Mojahil S/O Md. Jalal R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 5. Md. Abad S/O Wahid Molbi R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 6. Md. Talha S/O Md. Ayub R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District - Bhagalpur 7. Bablu S/O Adrar R/O Hasnabad, Garkachari, within Police Station - Nathnagar, District – Bhagalpur ... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr.Rajiv Ranjan, Advocate For the Opposite Party No.1 : Mr. Aditya Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 2 23-04-2015 Heard the parties. The petitioners are aggrieved by the order dated 30.11.2009 passed in Misc.Case No.1142 of 2005 by learned Subdivisional Magistrate, Bhagalpur in a proceeding under Section 145 of the Code of Criminal Procedure whereby the possession of the opposite party nos. 2 to 7 over the lands under dispute has been declared. The petitioners are also aggrieved by
Patna High Court Cr.Misc. No.43232 of 2012 (2) dt.23-04-2015
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the order dated 10.07.2012 passed in Cr.Revision No. 388 of 2010 by learned Ad hoc Additional Sessions Judge II, Bhagalpur whereby the aforesaid revision application was dismissed on the ground of limitation.
It is well settled that excepting the issue of possession of a party with respect to the lands under dispute, the issue of title cannot be gone into by the learned Magistrate in a proceeding under Section 145 of the Code of Criminal Procedure.
In view of the nature of claims raised on behalf of the petitioners with respect to the lands under dispute, detailed in the present application, this Court is of the opinion that for wholesome settlement of entire dispute between the parties, the question of title as also the possession are required to be gone into by looking into the evidences/materials produced by them.
In above view of the matter, without interfering with the impugned orders, the present application is disposed of with a liberty to the petitioners to approach the civil court of competent jurisdiction by filing a well constituted civil suit for grant of appropriate relief.
If such a civil suit is filed within a period three months from today by impleading all the necessary parties including opposite party nos. 2 to 7, the same shall be decided in accordance with law on the basis of the materials/evidences produced by the parties, but without being influenced/prejudiced by any finding recorded in the impugned order passed in a proceeding under section 145 of the Code of Criminal Procedure with respect to the lands under dispute.
(Birendra Prasad Verma, J)
Tahir/U T
3 issues framed by the court
Whether a Criminal Court under Section 145 CrPC can adjudicate upon the question of title to disputed lands.
Whether the petitioners are entitled to disturb the finding of possession recorded in the impugned order.
Whether the petitioners should be directed to file a civil suit to settle the dispute regarding title and possession.
1 provisions across 1 enactments
Md. Nasar @ Nesar
Abdul Guffar
Auranjeb @ Md. Auranjeb
Md. Firoj
Alamgir
Md. Afsar
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
