Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Mohd. Kasim Usmani – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. judicial proceedings initiated under article 227 against earlier judgments. (Para 1 , 2) |
| 2. arguments regarding ownership, possession, and maintainability of proceedings. (Para 3 , 4 , 5 , 6) |
| 3. court's review of procedural compliance and the implications of pending civil suits. (Para 10 , 11 , 20) |
| 4. supreme court's stance on parallel proceedings under section 145 cr.p.c. (Para 22 , 23 , 24) |
| 5. court's final ruling on the unsustainable nature of the impugned orders. (Para 25 , 26) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Rajeiu Kumar Tripathi, learned counsel for the petitioners, Shri S.P. Tiwari, learned AGA for the State and Shri Mahmood Alam, learned counsel for the respondent no. 4.
2. This petition under Article 227 of the Constitution of India has been filed assailing the judgment and order dated 29.08.2018, passed in Criminal Revision No.141 of 2017 ( Mohd. Kasim Usmani and Others Vs. State of U.P. and Others ) by Third Additional Sessions Judge, Bahraich and the order dated 24.06.2017 passed in Case No.23 of 2015, under Section 145 of the Code of Criminal Procedure (here-in-after referred as Cr.P.C.) by the City Magistrate, Bahraich and to quash the proceedin
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
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....
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....
The main legal point established in the judgment is that criminal proceedings under Section 145 and Section 146(1) of the Code of Criminal Procedure, 1973 should only be initiated when there is a lik....
(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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
