Code of Criminal Procedure, 1973–Sec. 146 [Corresponding Sec. 165 of BNSS, 2023]–Power under the Section is not envisaged to be exercised at the whims or sweet will of the Executive Magistrate, nor it is intended to decide the rights of possession, which fall squarely within the domain of the Civil Court after a full-fledged trial–Handing-over possession of such property to a third person, without first determining the right, title, and interest of the parties is wholly impermissible in law, more so in the absence of any imminent apprehension of breach of peace of bloodshed–The temporary distancing of both parties from the disputed property is contemplated only for a short and limited duration, till such time, the competent Civil Court adjudicates upon the civil rights of the parties–The provision has not been enacted to confer jurisdiction upon the Criminal Court to determine question of ownership, possession, or entitlement in respect of immovable property.
