(Rohinton Fali Nariman and Abhay Manohar Sapre, JJ.)
Sri. Siddeshwar Temple Trust Committee ________________ Appellant;
v.
Sri. Malingaraya Temple Charitable Trust (R) and Another ______________________________________________ Respondent(s).
Criminal Appeal No. 768 of 2018 [Arising out of Special Leave Petition (Crl.) No. 7814/2017], decided on May 17, 2018
The Order of the court was delivered by
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 v. State of Uttarakhand, (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.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7814/2017
Sri. Siddeshwar Temple Trust Committee ________________ Petitioner
v.
Sri. Malingaraya Temple Charitable Trust (R) & Anr ___ Respondent(s)
Date: 17-05-2018 This petition was called on for hearing today.
(Before Rohinton Fali Nariman and Abhay Manohar Sapre, JJ.)
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
ORDER
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending applications, if any, stand disposed of.
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