What are implications of getting the kurki by police under section 145

423 votes

Under Section 145 of the Code of Criminal Procedure (CrPC), the police may take possession of a property and auction it off (known as "kurki") if there is a dispute over the ownership of the property, or if there is a likelihood of a breach of peace in relation to the property. Here are some implications of getting the kurki by police under Section 145:

1. Loss of possession: If the police take possession of your property through kurki, you will no longer have access to the property or be able to use it until the dispute is resolved.

2. Financial loss: If the property is auctioned off, you may lose the property altogether, and you may not receive the full market value for it. The proceeds from the auction will be used to settle any outstanding debts or claims against the property.

3. Legal implications: If you are involved in a dispute over the ownership of the property, you may need to engage a lawyer to represent you in court. The dispute may take a long time to resolve, and you may incur legal fees and other costs associated with the court process.

4. Impact on credit score: If the property is auctioned off, and the proceeds from the auction are not enough to cover your outstanding debts, it may impact your credit score and make it difficult for you to obtain credit in the future.

5. Breach of peace: If there is a likelihood of a breach of peace in relation to the property, it may lead to further legal complications, such as criminal charges being filed against you or other parties involved in the dispute.

It is important to note that the police can only take possession of a property through kurki if they have reasonable grounds to believe that there is a dispute over the ownership of the property or if there is a likelihood of a breach of peace.

LawRato LawRato

934 votes

Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
A copy of the order shall be served in the manner provided by the Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
The Magistrate shall then, without reference to the merits or the claims of any of the parties, to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any as he thanks necessary, and, if possible, decide whether and which of the parties was, at the date of the order made by him under Sub-Section (1), in possession of the subject of dispute;
Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under Sub-Section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under Sub-Section (1).
Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under Sub-Section (1) shall be final.
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If the Magistrate decides that one of the parties was, or should under the proviso to Sub-Section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to Sub-Section (4), may restore to possession the party forcibly and wrongfully dispossessed.
The order made under this Sub-Section shall be served and published in the manner laid down in Sub-Section (3).
When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.
If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such properly, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.
Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.


Read more: http://devgan.in/crpc/section/145/#ixzz4rFVoiHzv

Advocate Siddhant Sharma LawRato

134 votes

Section 60 of the Civil Procedure Code (1908) governs execution of Kurki orders. Land pledged to a bank or money lender by the farmer is registered under their name. Sometimes, land may also be auctioned.

Advocate Chikirsha Mohanty LawRato