Section 147 of CrPC : Section 147: Dispute concerning right of use of land or water.
CrPC
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Explanation using Example
Example 1:
Scenario: Dispute over a Pathway
Situation: Two neighboring farmers, Ramesh and Suresh, have a dispute over a pathway that runs through Ramesh's land. Suresh claims that he has been using this pathway for years to access his fields and that it is his right to continue using it. Ramesh, on the other hand, has recently blocked the pathway, arguing that it is his private property and Suresh has no right to use it.
Application of Section 147:
- Report and Satisfaction: A local police officer reports the dispute to the Executive Magistrate, indicating that the disagreement is likely to cause a breach of peace.
- Order to Attend Court: The Magistrate, satisfied with the report, issues a written order requiring both Ramesh and Suresh to attend the court on a specified date and submit written statements of their claims.
- Hearing and Evidence: On the specified date, both parties present their statements and evidence. Suresh provides testimonies from other villagers who confirm his long-term use of the pathway, while Ramesh presents documents proving his ownership of the land.
- Decision: After considering all the evidence, the Magistrate decides that Suresh has an easement right to use the pathway. The Magistrate issues an order prohibiting Ramesh from obstructing the pathway and instructs him to remove any barriers.
Example 2:
Scenario: Dispute over Water Usage
Situation: Two villages, Village A and Village B, share a common pond. Village A claims that they have the right to use the pond water for irrigation throughout the year, while Village B argues that the pond water should be reserved for drinking purposes only during the summer months.
Application of Section 147:
- Report and Satisfaction: A police officer reports the escalating tension between the two villages to the Executive Magistrate, indicating that the dispute over water usage is likely to cause a breach of peace.
- Order to Attend Court: The Magistrate, satisfied with the report, issues a written order requiring representatives from both villages to attend the court on a specified date and submit writ...
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