Section 145 of CrPC : Section 145: Procedure Where Dispute Concerning Land Or Water Is Likely To Cause Breach Of Peace

Explanation using Example

Imagine two neighbors, Mr. Sharma and Mr. Gupta, who live in a suburban area. They have a long-standing disagreement over the boundary between their properties. One day, the dispute escalates when Mr. Sharma starts constructing a fence that Mr. Gupta claims encroaches on his property. The situation becomes heated, with both parties threatening each other, creating a fear of violence in the neighborhood.

Concerned about the potential breach of peace, another neighbor calls the police. Upon arrival, the police assess the situation and believe that the dispute could lead to a serious conflict. They report the matter to the local Executive Magistrate.

The Executive Magistrate, upon reviewing the police report, is convinced that the dispute could indeed cause a breach of peace. He issues a written order, as per Section 145 of the Code of Criminal Procedure, 1973, requiring both Mr. Sharma and Mr. Gupta to appear in court on a specified date and time. They are instructed to present written statements of their claims regarding the actual possession of the disputed boundary area.

Copies of the order are served to Mr. Sharma and Mr. Gupta and are also posted conspicuously near the disputed boundary as per the Magistrate's directions.

In the court proceeding, the Magistrate focuses solely on establishing who was in possession of the disputed land at the time of his order, without delving into the legal ownership or other rights over the property. After considering the evidence presented, the Magistrate finds that Mr. Sharma was in actual possession of the land where the fence was being constructed at the time of the order.

As a result, the Magistrate issues an order declaring Mr. Sharma entitled to possession of the land until legally evicted and forbids any disturbance of this possession. Mr. Gupta is dissatisfied but understands that he must seek a civil remedy to contest the ownership and cannot disturb Mr. Sharma's possession in the meantime.