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