#Section 145 CrPC

A Punjab & Haryana High Court decision confirms that a pending civil suit over title does not prevent an emergency attachment under Section 164 BNSS when possession is contested. Authorities may appoint a superintendent and seize the land despite ongoing civil proceedings, giving clear guidance to litigants and enforcement officers in land-dispute cases.

Gauhati High Court rules that proceedings under Section 145 CrPC cannot be initiated if possession of disputed land is admitted by parties. The provision is strictly for preventing breach of peace in cases of contested possession, not settled ownership.

The Punjab & Haryana High Court ruled that orders under Section 145 CrPC are invalid without strict adherence to procedural requirements. Additionally, criminal possession determinations are barred if a civil suit over the same property is pending, reinforcing the primacy of civil remedies in property disputes.

Madhya Pradesh High Court holds that when a civil suit for title or possession is pending, Section 145 CrPC proceedings cannot override civil court's jurisdiction and orders are not binding.

The Madhya Pradesh High Court holds that invoking Section 145 Cr.P.C. while a civil suit is pending violates the doctrine of forum shopping and undermines judicial consistency.

Jharkhand High Court clarifies that Section 145 CrPC proceedings are exclusively about possession, not ownership. Magistrates must not adjudicate title disputes.

Madhya Pradesh High Court quashes criminal proceedings under Sections 145-146 CrPC where civil litigation over the same property is pending, reaffirming the principle that criminal law must not encroach on civil disputes.