Disputes arise over any real property such as land or water. Disputes arising from this threaten to breach peace within the society and dissolve public order. Section 145, 146, 147 has been provided in the Code of Criminal Procedure to deal with such danger.
This section deals with the process of settlement in respect of disputes related to real property which is likely to disturb public peace. According to sub-section (1) of section 145, the report / information may be given to the Executive Magistrate if it is resolved on the basis of the report in this regard or on the basis of information received in any other way.
In order to take action under this section, it will be necessary that any dispute related to land or water should happen, which is likely to disturb the public peace. The Executive Magistrate can use his power only at a time when there is a great risk of disruption of public peace due to any dispute related to that land or water.
In such a case no judicial decision is rendered by the Executive Magistrate, in fact it is a preventive act, through which the Executive Magistrate uses to avoid the unrest arising out of the dispute and the ill effects of the deterioration of public order.
Section 145 Penal Procedure Code-
In the case of Fakir Chandra vs Manaram AIR 1957 Punjab 304, it is said – The basic objective of this section is to lay down the procedure for the speedy settlement of such disputes which are related to land or water and from which it is possible to disturb public peace.
There are two main reasons for the purpose of this section-
1) Dispute should be related to any real property land or water.
2) Public peace is likely to be disturbed by that dispute.
If there is a dispute in which the possibility of dissolution of public peace is negligible, then in such a situation Section 145 cannot be used. Section 145 can be used only when there is a danger of disturbing the prevailing public peace by a dispute over land or immovable property.
In the case of Mahant Ram Sumer Puri v. State of Uttar Pradesh AIR 1985 Supreme Court 477, it has been said that if the dispute pertains to any immovable property but there is no possibility of disturbing public peace, then in such a case, Section 145 was not taken Will be able to go.
In the case of Union of India v. Azimunnisa Khatoon AIR 2001 Guwahati, the Guwahati High Court while interpreting Section 145 clarified that the main purpose of the proceedings to be conducted under this section is to prevent the danger of breach of peace and not title (title) the question has to be decided.
Deepanshi Rajput 