A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.
Section 145 crpc
Neighbour is claiming a road in my land and obstructing the construction of my boundary wall
This article discusses the legal remedies available when a neighbour claims a right of passage or roadway over private land. It examines issues relating to easement rights, possession, demarcation of boundaries, injunctions, and the jurisdiction of civil and revenue courts in disputes concerning access roads and encroachment upon immovable property.
