Order in Land Dispute Likely to Cause Breach of Peace

IN THE COURT OF THE LEARNED MAGISTRATE, district

Cr. Section 145 No. _____ of year

petitioner_name, son/daughter of petitioner_father, resident of petitioner_address ... Petitioner

VERSUS

respondent_name, son/daughter of respondent_father, resident of respondent_address, and THE STATE ... Respondents

APPLICATION UNDER SECTION 145, CODE OF CRIMINAL PROCEDURE 1898

Respectfully submitted:

1. That this application is filed under Section 145, Code of Criminal Procedure 1898, whereby the Learned Magistrate has jurisdiction to take measures to prevent breach of peace likely to arise from a dispute concerning land or water rights between the parties hereto.

2. That petitioner_name is a bona fide owner and occupier of the property in dispute, namely property_description situated at property_location, holding legal title through title_basis.

3. That respondent_name without any lawful right, title, or justification, has recently made an attempt to disputed_act, thereby initiating or threatening a breach of peace between the parties.

4. That the respondent has trespassed upon the said property by trespass_details, causing imminent threat of breach of peace, violence, and physical harm.

5. That dispute_history which has remained dormant or manageable until the respondent's recent aggressive action of triggering_act.

6. That the respondent's conduct is likely to cause breach of peace, as he/she has gathered support_details and has made open threats of threat_details against the petitioner and his/her family.

7. That the petitioner has repeatedly requested respondent_name to desist from the said conduct and has warned him/her of legal consequences, but the respondent has response_to_warning and continues to threaten and intimidate the petitioner.

8. That the subject-matter land or water, being commodity_details, is of significant value, and the respondent's assertion is wholly unfounded and motivated by respondent_motive.

9. That no formal suit or proceeding has been instituted by the respondent in any civil court to assert any claim, and the respondent is relying entirely on forcible occupation and intimidation.

10. That the Magistrate's jurisdiction under Section 145 CrPC is preventive in nature and is appropriately invoked when a breach of peace is reasonably apprehended, as is the case herein.

11. That the relief sought is only to direct the respondent to attachment of the subject-matter and parties to refer their claim to the appropriate civil court, which is the proper forum to adjudicate such disputes.

PRAYER

It is, therefore, most humbly prayed that this Honourable Court may be pleased to:

(a) Receive this application and record the substance of the statements made by both parties;

(b) Issue an order directing both parties to refrain from committing or attempting to commit any act which might cause breach of peace;

(c) Direct attachment of the property in dispute, namely property_description at property_location, and keep it in the custody of a receiver or the police;

(d) Direct both parties to refer the dispute to the appropriate civil court for final adjudication of their respective rights; and

(e) Pass such other order as deemed just and proper in the circumstances.

VERIFICATION

Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner Date: ______________ Through: _____________________________ counsel_name Advocate for the Petitioner