Supreme Court - Daily Orders
Sri Siddeshwar Temple Trust Committee vs Sri Malingaraya Temple Charitable ... on 17 May, 2018
Bench: Rohinton Fali Nariman, Abhay Manohar Sapre
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 768 OF 2018
(Arising out of Special Leave Petition (Crl.) No. 7814/2017)
SRI SIDDESHWAR TEMPLE TRUST COMMITTEE Appellant(s)
VERSUS
SRI MALINGARAYA TEMPLE CHARITABLE TRUST (R) & ANR. Respondent(s)
O R D E R
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) Signature Not Verified After a reading of our judgment in Ashok Kumar Digitally signed by R NATARAJAN (supra), it is clear that once a civil suit is pending Date: 2018.05.19 11:14:56 IST Reason:
between the parties and an injunction has been granted 2 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.
.......................... J. (ROHINTON FALI NARIMAN) .......................…....J (ABHAY MANOHAR SAPRE) New Delhi;
May 17, 2018.
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ITEM NO.29 COURT NO.11 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7814/2017
(Arising out of impugned final judgment and order dated 01-08-2017 in CRLRP No. 200040/2017 passed by the High Court Of Karnataka At Kalaburagi) SRI SIDDESHWAR TEMPLE TRUST COMMITTEE Petitioner(s) VERSUS SRI MALINGARAYA TEMPLE CHARITABLE TRUST (R) & ANR. Respondent(s) Date : 17-05-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Sharanagouda Patil, Adv.
Ms. Supreeta Sharanagouda, Adv. For M/s. S-legal Associates, AOR For Respondent(s) Mr. Raza Venkatappa Naik, Adv.
Mr. Mata Prasad Singh, Adv.
Ms. Ranjana R. Singh, Adv.
Mr. S.K. Tandon, Adv.
Mr. R.K. Gupta, Adv.
Ms. Manju Jetley, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)