Siddeshwar Temple Trust Committee vs Malingaraya Temple Charitable Trust (R)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 2074

ROHINTON FALI NARIMAN, ABHAY M.SAPRE
Siddeshwar Temple Trust Committee – Appellant
Versus
Malingaraya Temple Charitable Trust (R) – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sharanagouda Patil, Ms. Supreeta Sharanagouda.
For the Respondents: Mr. Raza Venkatappa Naik, Mr. Mata Prasad Singh, Ms. Ranjana R. Singh, Mr. S.K. Tandon, Mr. R.K. Gupta, Ms. Manju Jetley.

ORDER :

1. Heard learned Counsel for the parties.

2. Leave granted.

3. The High Court correctly finds that a Civil Suit is pending in which there is already a temporary injunction order. After again referring to our judgment in Ashok Kumar vs. State of Uttarakhand and Others, (2013) 3 SCC 366, the High Court then goes off at a tangent to state that since there is no enquiry as to whether an emergent situation did or did not arise for the purpose of Section 145 or 146 Cr.P.C. the matter stands remitted under those provisions to the learned Magistrate.

4. After a reading of our judgment in Ashok Kumar (supra), it is clear that once a civil suit is pending between the parties and an injunction has been granted therein, a parallel proceeding under Sections 145 and 146 Cr.P.C. cannot, in law, take place.

5. This being the legal position, we set aside the judgment of the High Court.

6. The appeal is allowed accordingly.

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