Published on: 14 November 2022 at 09:04 IST
Court – Supreme Court of India
Citation – Mohd Abid vs Ravi Naresh SLP (Crl) No. 5444 of 2022
Hon’ble Supreme Court of India has held that the civil court has seized of the dispute regarding the property then the jurisdiction of the Hon’ble Court of Magistrate under the provision of Section 145 / Section 146 of the Code of Criminal Procedure, 1973 is extinguished.
It is held that once the property dispute reaches the Court of Hon’ble Civil Judge then the Criminal Proceedings must be set aside for effective adjudication of rights of the parties.
Para – 4
It is, however, an admitted fact that the petitioners have already filed a suit for injunction in which ex-parte adinterim injunction has been granted by the Civil Court, Faizabad, Uttar Pradesh on 05.12.2020. Once the Civil Court is seized of the matter, it goes without saying that the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end. The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court.
Para – 5
In this view of the matter, and without expressing any views on merits on the rival claims of the parties, we dispose of this Special Leave Petition with a direction that the ad-interim order passed by this Court on 03.06.2022 shall continue to operate as an interim measure till the Civil Court, Faizabad passes an appropriate order after hearing both the parties.
Drafted By Abhijit Mishra
Key Words – Civil Court, Magistrate, Jurisdiction.