PRAKASH CHAND SACHDEVA versus STATE AND ANOTHER

PRAKASH CHAND SACHDEVA versus STATE AND ANOTHER

Where there is no dispute of title and only dispute as to possession, and dropping of Section 107 proceedings is not a sufficient ground to drop Section 145 proceedings, the pendency of a civil suit for injunction is not a bar to criminal proceedings under Section 145 Cr.P.C.

Parties
Appellant: Prakash Chand Sachdeva; Respondents: State and Another
Jurisdiction
India
Judgment Date
14 December 1993
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Delhi High Court Judgment Dated 15.3.93 in Crl. M (m) No. 451 of 1993
Outcome
Appeal allowed
Legal Topics
Criminal Procedure Code Section 107, Criminal Procedure Code Section 145, Possession Disputes, Civil and Criminal Jurisdiction, Ancestral Property
Criminal Law Civil Procedure Criminal Procedure Code Section 107 Criminal Procedure Code Section 145 Possession Disputes Civil and Criminal Jurisdiction Ancestral Property

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Parties

Prakash Chand Sachdeva

Appellant

State and Another

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Delhi High Court Judgment Dated 15.3.93 in Crl. M (m) No. 451 of 1993

Legal Issues

  1. 1 Whether pendency of a civil suit is a bar to proceedings under Section 145 Cr.P.C. when there is no dispute of title
  2. 2 Whether dropping proceedings under Section 107 Cr.P.C. requires dropping proceedings under Section 145 Cr.P.C.

Ratio Decidendi

Where there is no dispute of title and only dispute as to possession, and dropping of Section 107 proceedings is not a sufficient ground to drop Section 145 proceedings, the pendency of a civil suit for injunction is not a bar to criminal proceedings under Section 145 Cr.P.C.

Court Disposition

Appeal allowed

Orders

  • Order of High Court and Sub-Divisional Magistrate dismissing application under Section 145 Cr.P.C. set aside.
  • Appellant to be placed in possession of green portion shown in map filed by appellant; correctness not disputed.