Section 148 of CrPC : Section 148: Local inquiry.

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. The dispute escalates, and both parties start cultivating the land, leading to frequent altercations. The local police are unable to resolve the matter, so the case is brought before the District Magistrate under Section 145 of the Code of Criminal Procedure, 1973.

Application of Section 148:

  1. Local Inquiry Initiation: The District Magistrate decides that a local inquiry is necessary to determine the actual possession of the land. He deputes a subordinate Magistrate to conduct the inquiry.
  2. Written Instructions: The District Magistrate provides written instructions to the subordinate Magistrate, detailing what aspects to investigate, such as the history of possession, current use of the land, and any relevant documents.
  3. Expenses: The District Magistrate declares that the expenses for the inquiry will be shared equally by Ramesh and Suresh.
  4. Report as Evidence: The subordinate Magistrate conducts the inquiry, interviews local witnesses, and examines relevant documents. He submits a detailed report to the District Magistrate.
  5. Decision and Costs: The District Magistrate reads the report as evidence and makes a decision regarding the possession of the land. He also directs that the costs incurred by Ramesh and Suresh, including witness expenses and pleaders' fees, will be shared equally.

Example 2:

Scenario: Dispute over a Residential Property

In a small town in Uttar Pradesh, Priya and Anil are in a dispute over the ownership of a residential property. Both parties have been living in different parts of the house and claim full ownership. The situation becomes tense, and the local authorities are called in. T...

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