Immovable Property--Police Act 1861--Criminal Courts Cannot Adjudicate Possessory Rights Over Immovable Property Under Sections 25 and 26 of Police Act
Criminal courts exercising powers under Sections 25 and 26 of the Police Act, 1861 cannot adjudicate interim possessory rights over immovable property. The term "property" under these provisions refers only to movable property, money, or valuable security. Further, the "Magistrate of the district" under the Police Act refers to the executive magistracy, not a Judicial Magistrate. Questions of title, succession, and possession of immovable property fall exclusively within the domain of civil courts and cannot be determined by criminal courts under the guise of property preservation.
