1978 Supreme(AP) 288

Andhra Pradesh High Court
Judges : MADHAVA RAO
Rama Powerloom Tape Industries - Appellant
Versus
Associated Cotton Tape Industries - Respondent
C. M. 7317/78, A. S. N. 324/78
Decided On : 09-02-78
Advocates Appeared :
.

Headnote:Specific Relief Act, Section 41(d) Civil Court cannot grant an injunction restraining the other party from prosecuting a criminal case.

       Held: In the face of the clear provision under Section 41(d) of the Specific Relief Act, 1963 an injunction cannot be granted by the Civil Court to restrain a person from prosecuting the case in the criminal court. The proceedings before the Criminal Court as such cannot be stayed by the Civil Court even under Section 151 Civil Procedure Code nor injunction could be issued to restrain any person from prosecuting another.

       M. P. dismissed.