VAIBHAVI D. NANAVATI
Nirmalaben @ Nilaben Takhatsinh Thakore – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of this writ-application under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 the writ-applicant herein has prayed for the following reliefs :-
B) YOUR LORDSHIPS may be pleased to quash and set aside the order dated 05.02.2015 passed in No.M. REG. CRPC 145/HEARING CASE NO.1/15 by learned Executive Magistrate, Vansda (ANNEXURE - 'A') and the order dated 19.04.2017 passed in Criminal Revision Application No.28/2016 by learned 2nd Additional District & Sessions Judge, Navsari, Camp – Vansda (ANNEXURE - 'B') and thereby be pleased to allow Criminal Revision Application No.28/2016 filed by the petitioner, in the interest of justice;
C) PENDING THE HEARING AND FINAL DISPOSAL OF THIS APPLICATION, BE PLEASED to grant stay on the effect, execution and implementation the order dated 05.02.2015 passed in no. M. REG. CRPC 145/HEARING CASE NO.1/15 by learned Executive Magistrate, Vansda (ANNEXURE - 'A') and the order dated 19.04.2017 passed in Criminal Revision Application No.28/2016 by learned 2nd Additional District & Sessions Ju
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The court emphasized that when civil litigation is pending for the property and possession is involved, parallel criminal proceedings should not be permitted. The decree of the civil court is binding....
The main legal point established in the judgment is the importance of preventing breach of peace and the different objectives of the civil court and the Magistrate in cases of possession disputes.
Injunction cannot be passed against a co-owner, and possession is crucial in resolving disputes under Section 145 of CrPC. Civil court decisions are binding on criminal court proceedings, and multipl....
Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
(1) Apprehension of breach of peace – Sections 145 and 146 of Cr.P.C. together constitute a scheme for resolution of a situation where there is a likelihood of a breach of peace because of a dispute ....
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