Criminal Procedure Code, 1973 S. 145(4) - Magistrate - I do not find any legal infirmity in the impugned order passed by the learned Additional Sessions Judge directing the learned Magistrate to pass the order afresh. (182) PLR

 

Criminal Procedure Code, 1973 S. 145(4) - Magistrate has to decide about the question with respect to the physical possession or the parties over the disputed property without reference to the merits or the claim of any of the party to a right to possess the subject of dispute - So, the question of title is not to determine by the Magistrate in the proceedings under Section 145 Cr.P.C. - He has only to declare the possession of a person over the disputed property on the date of preliminary order or to ascertain the wrongful dispossession within two months next before the date when he received the report of the police officer or information. (182) PLR