Back
SUPREME COURT OF INDIA
ROHINTON FALI NARIMAN, ABHAY MANOHAR SAPRE, JJ.
Sri Siddeshwar Temple Trust Committee – Appellant
Versus
Sri Malingaraya Temple Charitable Trust (R) and Another – Respondents
Criminal Appeal No. 768 of 2018, Special Leave Petition (Crl.) No. 7814 of 2017
Decided On : 17-05-2018
Injunction - Civil Suit - The court held that once a civil suit is pending between the parties and an injunction has been granted, a parallel proceeding under Sections 145 and 146 Cr.P.C. cannot take place.
Fact of the Case:
The High Court found that a Civil Suit is pending with a temporary injunction order, but stated that there was no enquiry as to whether an emergent situation arose for the purpose of Section 145 or 146 Cr.P.C.
Finding of the Court:
The court found that once a civil suit is pending between the parties and an injunction has been granted, a parallel proceeding under Sections 145 and 146 Cr.P.C. cannot take place.
Issues: Interpretation of legal provisions regarding parallel proceedings under Sections 145 and 146 Cr.P.C. when a civil suit is pending with an injunction.
Ratio Decidendi: The legal position is that once a civil suit is pending between the parties and an injunction has been granted, a parallel proceeding under Sections 145 and 146 Cr.P.C. cannot take place.
Final Decision: The judgment of the High Court was set aside and the appeal was allowed accordingly.
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.
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
