Court Emphasizes Limits of Magistrate's Power Under Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment, the Madhya Pradesh High Court has set aside the order of conditional seizure of a tractor, which was issued by the Additional Chief Judicial Magistrate (ACJM) in Tikamgarh and upheld by the Sessions Judge. The case involved a dispute over the ownership of a tractor, allegedly taken by force, raising questions of civil rights versus criminal proceedings.
The petitioner, Thakurdas Yadav, challenged the orders in a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The ACJM had initially directed that the tractor be seized if found to be under the title and ownership of the complainant, which the High Court found to be beyond the Magistrate's jurisdiction under the current legal framework.
Justice Himanshu Joshi, presiding over the case, emphasized that under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the role of the Magistrate is limited to determining whether a cognizable offence is made out, not to adjudicate on matters of title or civil rights. The court highlighted that ownership disputes must be resolved by competent civil courts, and criminal courts should avoid encroaching upon civil matters.
The High Court's decision underscores the principle that criminal proceedings should not prejudice ongoing civil adjudications. It also affirmed that the investigation into the alleged robbery should proceed independently of the disputed ownership, allowing the civil court to adjudicate the matter of title and ownership without influence from the criminal proceedings.
Bottom Line:
Scope of Section 156(3) Cr.P.C. (now Section 175(3) BNSS, 2023) is limited to determining whether allegations disclose commission of a cognizable offence warranting police investigation, and does not extend to adjudicating disputed questions of title or civil rights.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(3); Code of Criminal Procedure, 1973, Section 156(3); Indian Penal Code, Sections 392/34.
Thakurdas Yadav v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2856693
