Section 146 of CrPC : Section 146: Power To Attach Subject Of Dispute And To Appoint Receiver
CrPC
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Explanation using Example
Imagine two neighbors, A and B, who have a long-standing dispute over the boundary line between their properties. They both claim ownership of a small strip of land that lies between their houses. The dispute escalates, and there's a risk of violence as both parties threaten each other. To prevent any breach of peace, the local police are informed, and the matter is brought before a Magistrate.
The Magistrate, after initial proceedings under Section 145 of the Code of Criminal Procedure, 1973, is unable to determine who is in actual possession of the disputed land. Due to the urgency of the situation and the potential for violence, the Magistrate invokes Section 146(1) and orders that the disputed land be attached, meaning it is taken into custody by the court until a competent Civil Court can decide on the rightful owner.
Further, under Section 146(2), since no Civil Court has appointed a receiver to manage the land during the attachment, the Magistrate appoints a local official as a receiver. This receiver is tasked with maintaining the property and has the powers of a receiver as per the Code of Civil Procedure, 1908, but under the Magistrate's supervision.
Later, if a Civil Court appoints its own receiver for the disputed property, the Magistrate will direct the receiver he appointed to transfer possession to the Civil Court's receiver and will discharge the former receiver, also making any other necessary orders to facilitate this process.