Case Note & Summary
The petitioner, M/s. Rai Udyog Ltd., a company registered under the Companies Act, 1956, challenged a notice dated 28.06.2021 issued by the State of Maharashtra through the Police Officer In-charge, Sadar Police Station, Nagpur. The notice, purportedly under Section 149 of the Code of Criminal Procedure, 1973 (CrPC), restrained the petitioner from carrying out construction on a piece of land claimed to be owned by the company, citing a law and order situation due to the alleged existence of a Dargah on a part of the land. The petitioner approached the Bombay High Court at Nagpur seeking quashing of the notice. During the proceedings, an intervention application (Criminal Application (APPW) No.24/2022) was filed by seven applicants claiming that the Dargah had existed for about 200 years and that construction would adversely affect devotees. The petitioner's counsel argued that the police had no jurisdiction to issue such a notice as the dispute was civil in nature and not a cognizable offence. The court, after hearing the parties, held that the police cannot use Section 149 CrPC to adjudicate property disputes or restrain lawful construction on private land. The notice was quashed, and the petition was disposed of. The court did not adjudicate the rights of the intervenors, as the petition was decided on the limited issue of the validity of the police notice.
Headnote
A) Criminal Procedure Code - Section 149 CrPC - Police Power to Prevent Cognizable Offences - The police cannot invoke Section 149 CrPC to restrain construction on private land when the alleged dispute is civil in nature and does not involve a cognizable offence. The notice was quashed as the police exceeded their jurisdiction by adjudicating property rights. (Paras 2-6)
B) Property Law - Civil Dispute - Dargah - The existence of an alleged Dargah on the land does not convert a civil property dispute into a law and order issue justifying police action under Section 149 CrPC. The court held that the police cannot decide title or possession. (Paras 2-6)
C) Intervention Application - Locus Standi - The intervenors claiming rights over the Dargah were not heard as the petition was disposed of on the limited ground of the validity of the police notice, without adjudicating the rights of the intervenors. (Paras 3-5)
Issue of Consideration
Whether the police can exercise power under Section 149 of the Code of Criminal Procedure, 1973 to restrain a person from carrying out construction on his own land on the ground of a law and order situation arising from an alleged Dargah on the land, and whether such a notice is legally sustainable.
Final Decision
The impugned notice dated 28.06.2021 is quashed and set aside. The petition is disposed of. Rule is made absolute in the aforesaid terms.
Law Points
- Section 149 CrPC
- Police power to prevent cognizable offences
- Civil dispute not cognizable offence
- Property rights
- Dargah
- Law and order
- Intervention application
- Maintainability of writ petition
Case Details
2022 LawText (BOM) (07) 154
Criminal Writ Petition No.622 of 2021
Manish Pitale, Valmiki Sa Menezes
Mr. S.P. Dharmadhikari, Senior Advocate a/b. Mr. C.S. Dharmadhikari, Advocate & Mr. R.A. Bhandakkar, Advocate for the Petitioner; Mr. A.S. Fulzele, Addl. P.P. for Respondent Nos.1 to 3; Mr. M.M. Akhtar, Advocate h/f. Dr. A.H. Jamal, Advocate for the Intervenors
State of Maharashtra, through Police Station In-charge, Sadar Police Station, Nagpur; The Police Commissioner, Nagpur City; The Deputy Commissioner of Police, Special Branch, Civil Lines, Nagpur
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Nature of Litigation
Criminal writ petition challenging a police notice under Section 149 CrPC restraining construction on private land.
Remedy Sought
Quashing of notice dated 28.06.2021 issued by the police.
Filing Reason
The police issued a notice under Section 149 CrPC restraining the petitioner from carrying out construction on its own land, citing a law and order situation due to an alleged Dargah on the land.
Previous Decisions
An order dated 18.04.2022 in Writ Petition No.2027/2022 (Rajesh Chotelal Tambe & Others Vs. State of Maharashtra & Others) was referred to, but the content of that order is not specified.
Issues
Whether the police can invoke Section 149 CrPC to restrain construction on private land on the ground of a law and order situation arising from an alleged Dargah.
Whether the impugned notice is legally sustainable.
Submissions/Arguments
Petitioner argued that the police have no jurisdiction to issue such a notice as the dispute is civil in nature and not a cognizable offence.
Intervenors claimed that the Dargah existed for about 200 years and that construction would affect devotees.
Ratio Decidendi
The police cannot exercise power under Section 149 CrPC to restrain a person from carrying out construction on his own land when the alleged dispute is civil in nature and does not involve a cognizable offence. The notice was quashed as the police exceeded their jurisdiction by adjudicating property rights.
Judgment Excerpts
The petitioner – Company has approached this Court challenging notice dated 28.06.2021, issued by the respondent No.1 i.e. the State through Police Officer In-charge, Sadar Police Station, Tahsil and District – Nagpur, whereby the respondent No.1, exercising power under Section 149 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), has restrained the petitioner – Company in carrying out construction on a piece of land, which according to the petitioner – Company is owned by it, until an appropriate order is obtained from the competent Court in that regard.
It is recorded in the impugned notice that the aforesaid direction was given in the backdrop of a law and order situation created due to the alleged existence of a Dargah on a part of the said land.
Procedural History
The petitioner filed Criminal Writ Petition No.622 of 2021 before the Bombay High Court at Nagpur challenging the police notice dated 28.06.2021. An intervention application (Criminal Application (APPW) No.24/2022) was filed by seven applicants. The court heard the matter and disposed of the petition by quashing the notice.
Acts & Sections
- Code of Criminal Procedure, 1973: 149
- Companies Act, 1956:
