The legal article aims to succinctly summarize the central focus and significance of the Anam Sahu vs. Suphala Behera case. It emphasizes brevity and clarity, ensuring readers quickly grasp the essence of the article. In the legal landscape, the Anam Sahu vs. Suphala Behera case serves as a pivotal examination of a complex land dispute. The case, adjudicated by the Orissa High Court, is particularly noteworthy for its transition from the initial imposition of Section 144 to the subsequent initiation of Section 145 proceedings under the Criminal Procedure Code, 1973. This transition becomes crucial as it not only underscores the magistrate’s authority in addressing possession disputes but also raises jurisdictional questions. The concise handling of this legal shift forms the crux of our analysis. The Anam Sahu case navigates a delicate balance between procedural protocols, legal nuances, and the resolution of a longstanding land dispute, making it a noteworthy subject for comprehensive exploration in this legal article.


The Anam Sahu vs. Suphala Behera case involves a meticulous exploration of legal intricacies, particularly in the magistrate’s procedural decisions. The terminology employed reflects the nuanced nature of legal proceedings:

1. Magisterial Conversion

The term “magisterial conversion” encapsulates the pivotal moment when the magistrate, confronted with an expired Section 144 order, opted not to convert the proceeding. This phrase succinctly conveys the magistrate’s discretionary act of initiating Section 145(1) proceedings.

2. Jurisdictional Concerns

The article employs the term “jurisdictional concerns” to articulate the legal apprehensions arising from the magistrate’s decision. This phrase encapsulates the pivotal question of whether the magistrate had the authority to transition the proceeding from Section 144 to Section 145.

3. Navigating Precedent

The phrase “navigating precedent” illustrates the careful examination of legal precedents, specifically referencing Tapasya Behera vs. Padma Charan Behera (1996) 11 OLR 337. This legal jargon emphasizes the act of using prior legal decisions as a guide in understanding and interpreting the current case.

4. Possession Dispute

The term “possession dispute” is a succinct description of the core issue in the case. It encapsulates the contention over the strip of land and adds a legal nuance to the broader term “land dispute.”

5. Procedural Protocols

Referring to “procedural protocols” underscores the adherence to legal procedures and protocols during the transition from Section 144 to Section 145 proceedings. This legal jargon conveys the importance of following established rules in criminal procedural matters.

6. Criminal Procedure Code (Cr.P.C.)

The consistent use of “Criminal Procedure Code, 1973” and its abbreviated form “Cr.P.C.” ensures legal precision, clearly indicating the statutory framework under which the proceedings unfolded.

By incorporating these legal terms, the article aims to provide a comprehensive and accurate depiction of the legal intricacies surrounding the Anam Sahu case. This ensures that the narrative maintains a high level of legal specificity and authenticity, catering to a legal audience familiar with the nuances of criminal procedural law.


In the Anam Sahu vs. Suphala Behera case, the proof lies in the examination of the magistrate’s order dated 18.2.1994. This order is pivotal in understanding the magistrate’s course of action when faced with an expired Section 144 order. Let’s break down the relevant portion of the order:

1. The magistrate explicitly stated, “Hence the case under Section 144, Cr.P.C. should be closed.

2. The next sentence is crucial: “A case under Section 145(1) is to be initiated forthwith to arrive at the conclusion.”

This reveals the magistrate’s decision not to convert the proceeding but to initiate Section 145(1) proceedings directly. The magistrate acknowledged the expiration of the Section 144 order and, rather than converting, opted for the initiation of Section 145 proceedings to delve into the possession dispute over the disputed land. The distinction is significant, as it reflects a meticulous approach by the magistrate in addressing the evolving circumstances of the case. This nuanced handling of the legal proceedings forms the proof of the magistrate’s decision-making process, showcasing a deliberate choice to follow Section 145(1) rather than converting from Section 144. Understanding this proof is essential in comprehending the magistrate’s actions and the legal trajectory taken in the resolution of the land dispute.


The abstract encapsulates the essence of our legal exploration into the Anam Sahu vs. Suphala Behera case. In this comprehensive analysis, we scrutinize the intricacies of a land dispute that traversed the corridors of justice, with a particular emphasis on the magistrate’s strategic maneuvering between Sections 144 and 145 of the Cr.P.C., 1973. The narrative unfolds against the backdrop of a possession dispute over a specific parcel of land. Through a judicious examination of the order dated 18.2.1994, our article unveils the magistrate’s deliberate choice not to convert the proceeding from Section 144 but rather to initiate Section 145(1) proceedings. This decision forms the crux of our exploration, wherein we dissect jurisdictional concerns and shed light on the legal nuances associated with such transitions in possession disputes. The abstract sets the stage for readers, offering a glimpse into the case’s legal complexities, the magistrate’s procedural decisions, and the broader implications for resolving land disputes within the framework of criminal procedural laws. In essence, the abstract serves as a teaser, enticing readers to delve into the article for a more profound understanding of the legal dynamics at play in this landmark case.


1. Sya Behera vs. Padma Charan Behera (1996) 11 OLR 337

   – Context: This case is pivotal for understanding the conversion of proceedings. It involves a precedent where the magistrate converted proceedings under Section 144 to those under Section 145 to resolve a land dispute.

   – Parallel with Anam Sahu Case: In Anam Sahu vs. Suphala Behera, the magistrate’s approach deviates from Tapasya Behera, as no explicit conversion is mentioned. This distinction is crucial in assessing jurisdictional implications.

2. Sri Dhirendranath Swain vs. Hadi Raul (2000) 18 OCR 613:

   – Context: This case deals with a magistrate’s directive to maintain status quo in a land dispute under Section 144. The court in this case emphasized that disputes concerning land or water, giving rise to apprehension of breach of peace, should be addressed under Section 145.

   – Relevance to Anam Sahu Case: In the Anam Sahu case, the magistrate’s decision to initiate Section 145 proceedings aligns with the principle outlined in Dhirendranath Swain. The court’s focus on using Section 145 for land disputes is reaffirmed.

By drawing parallels and distinctions with these cases, the legal article aims to contextualize the Anam Sahu vs. Suphala Behera case within the broader legal landscape. It highlights how the magistrate’s approach aligns or diverges from established precedents, contributing to the legal discourse surrounding the transition from Section 144 to Section 145 proceedings in land dispute cases.


The Anam Sahu vs. Suphala Behera case serves as a beacon in navigating the intricacies of land disputes within the framework of criminal procedural laws. The magistrate’s decision to transition from Section 144 to Section 145 proceedings, as evident in the order dated 18.2.1994, underscores the importance of procedural precision in resolving possession disputes. The jurisdictional concerns raised by the expired Section 144 order echo the precedent set in Tapasya Behera vs. Padma Charan Behera (1996) 11 OLR 337, yet the Anam Sahu case distinguishes itself by the magistrate’s astute handling of the situation. Rather than a straightforward conversion, the magistrate opted to initiate Section 145(1) proceedings, showcasing a nuanced approach to legal procedure. This case reinforces the significance of legal acumen in navigating the transition between different sections of the Criminal Procedure Code. The careful consideration of jurisdictional nuances and adherence to procedural protocols stand out as pillars of the decision-making process. The magistrate’s decision not only adheres to the letter of the law but also reflects a commitment to justice and fair resolution in the realm of land disputes.

In conclusion, the Anam Sahu case leaves a lasting imprint as a legal precedent, emphasizing the importance of meticulous procedural adherence and the thoughtful application of legal principles in the realm of land disputes. It serves as a testament to the judiciary’s role in maintaining order, ensuring justice, and providing clarity on legal pathways in possession disputes.

Leave a Reply

Your email address will not be published. Required fields are marked *