Meghalaya High Court: Attachment Order under Section 146 CrPC Requires Likelihood of Breach of Peace
In a significant ruling, the Meghalaya High Court emphasized that an attachment order under Section 146 CrPC cannot be issued solely due to uncertainty about possession of disputed land, without evidence of a potential breach of peace as mandated by Section 145 CrPC.
Case Details:
The case involved a dispute where the respondent accused the petitioner of attempting to forcibly occupy her land, leading to a FIR and subsequent police investigation. The Executive Magistrate, upon receiving the police report, initiated proceedings under Section 145 CrPC, which deals with disputes likely to cause breach of peace regarding land or water.
The Executive Magistrate then proceeded to order the attachment of the disputed land under Section 146(1) CrPC, prohibiting economic activities on the land until the demarcation process was completed.
Court’s Observations:
Justice B. Bhattacharjee pointed out that the Executive Magistrate’s order lacked any findings based on the actual possession status of the disputed land at the relevant time. Instead, the Magistrate sought documentary proof of ownership, which is not the basis for determining possession under Section 145 CrPC.
The Court underscored Section 145(4) CrPC, which states that possession disputes should be decided based on statements, evidence, and hearings, not documentary evidence of ownership. It stressed that before issuing an attachment order under Section 146 CrPC, there must be clear evidence indicating a likelihood of breach of peace as per Section 145 CrPC.
The judgment clarified that the inability of the Magistrate to determine possession alone cannot justify an attachment order if there is no direct evidence of potential breach of peace between the parties.
Conclusion:
Consequently, the High Court set aside the attachment order issued by the Executive Magistrate, deeming it unlawful due to the absence of findings regarding the likelihood of breach of peace.
Case Details:
- Case Title: Shri Minondro Arengh vs. Talika T. Sangma, Crl. Rev. P. No. 6 of 2022
- Click here to Download order / Judgment
