Section 146 of CrPC : Section 146: Power to attach subject of dispute and to appoint receiver.

Explanation using Example

Example 1:

Scenario: Dispute over Agricultural Land

Ramesh and Suresh are neighbors in a village in Maharashtra. They both claim ownership of a piece of agricultural land that lies between their properties. The dispute escalates, and there is a risk of physical confrontation between their families.

Application of Section 146: The local Magistrate, upon receiving reports of the escalating tension, issues an order under Section 145 to both parties to maintain peace. However, the situation continues to deteriorate, and the Magistrate considers it an emergency. Under Section 146(1), the Magistrate decides to attach the disputed land to prevent any further conflict until a competent court can determine the rightful owner.

The Magistrate appoints a local government official as a receiver to manage the land, ensuring that the crops are harvested and the land is maintained. This arrangement remains in place until the civil court resolves the ownership dispute.

Example 2:

Scenario: Dispute over a Commercial Property

In a bustling market area in Delhi, two business partners, Anil and Sunil, have a falling out over the ownership of a commercial property where they run a shop. Both claim to have the right to the property, and their disagreement leads to frequent altercations, disrupting the peace in the market.

Application of Section 146: The Magistrate, after issuing an order under Section 145, finds that neither Anil nor Sunil can prove exclusive possession of the property. To prevent further disturbances, the Magistrate invokes Section 146(1) and attaches the commercial property.

Since no receiver has been appointed by a civil court, the Magistrate appoints a neutral third party as a receiver to manage the shop. The receiver ensures that the business operations continue smoothly and that the profits are held in escrow until the civil court decides the rightful owner. If a civil court later appoints a receiver, the Magistrate will instruct the initially appointed receiver to hand over control to the court-appointed receiver and make any necessary orders to facilitate the transition.

Example 3:

Scenario: Dispute over a Residential Property

In a residential area in Bangalore, two brothers, Raj and Ravi, are in a bitter dispute over their deceased father's house. Both brothers claim that their father left the house to them, and the conflict has led to several heated arguments and threats of violence.

Application of Section 146: The Magistrate, after issuing an order under Section 145, determines that the situation is an emergency and that neither brother can prove possession of the house. To prevent any breach of peace, the Magistrate attaches the house under Section 146(1).

The Magistrate appoints a trusted family friend as a receiver to manage the property. The receiver ensures that the house is maintained and that no party occupies it until the civil court resolves the ownership issue. If the civil court later appoints a receiver, the Magistrate will direct the initially appointed receiver to transfer control to the court-appointed receiver and issue any necessary orders to ensure a smooth handover.