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1 - 10 of 12 (0.23 seconds)Section 427 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 33 in Bangalore Development Authority Act, 1976 [Entire Act]
Section 441 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Commissioner Of Police vs Devender Anand on 8 August, 2019
24. Even assuming that there is an
encroachment, it is essentially a civil in nature and
the parties should resolve their dispute only through
a Civil Court, and the CW1 cannot give a criminal
colour to the same, it is nothing but an abuse of
process of law. Even when there is a violation of
interim order, the contempt proceedings could have
been initiated against the accused however no such
steps were taken. At this juncture, it is profitable to
refer to the decision of the Hon'ble Supreme Court of
India in the case of G.Sagar Suri v. State of U.P
reported in 2000(2) SCC 636 wherein it has been
held that the criminal proceedings is not a short cut
remedy, when other remedies are available in law and
in the case of the Commissioner of Police and Ors. vs.
Devender Anand and Ors reported in AIR 2019
SUPREME COURT 3807 held that the criminal
proceedings initiated by Original complainant is
nothing but an abuse of the process of law for settling
a civil dispute thereby the accused is entitled for an
order of acquittal and answered the above point No.1
and 2 in the negative.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 3 in Bangalore Development Authority Act, 1976 [Entire Act]
G. Sagar Suri And Anr vs State Of Up. And Ors on 28 January, 2000
24. Even assuming that there is an
encroachment, it is essentially a civil in nature and
the parties should resolve their dispute only through
a Civil Court, and the CW1 cannot give a criminal
colour to the same, it is nothing but an abuse of
process of law. Even when there is a violation of
interim order, the contempt proceedings could have
been initiated against the accused however no such
steps were taken. At this juncture, it is profitable to
refer to the decision of the Hon'ble Supreme Court of
India in the case of G.Sagar Suri v. State of U.P
reported in 2000(2) SCC 636 wherein it has been
held that the criminal proceedings is not a short cut
remedy, when other remedies are available in law and
in the case of the Commissioner of Police and Ors. vs.
Devender Anand and Ors reported in AIR 2019
SUPREME COURT 3807 held that the criminal
proceedings initiated by Original complainant is
nothing but an abuse of the process of law for settling
a civil dispute thereby the accused is entitled for an
order of acquittal and answered the above point No.1
and 2 in the negative.