Supreme Court of India · 1977-12-16
MD. GULAM ABBAS & ORS. vs MD. IBRAHIM & ORS.
- Citation / case number
- SC 1977/61605
- Court
- Supreme Court of India
- Petitioner
- MD. GULAM ABBAS & ORS.
- Respondent
- MD. IBRAHIM & ORS.
- Author
- M. HAMEEDULLAH () BEG
- Bench
- M. HAMEEDULLAH (CJ) BEG
Judgment text excerpt
The Allahabad High Court quashed the orders of the City Magistrate and Session Judge under Section 144 of the Criminal Procedure Code (Cr.P.C.), holding that the High Court erred in addressing issues of rights and title in a writ petition under Articles 226 and 227 of the Constitution. The Court clarified that Section 144 Cr.P.C. allows for temporary orders to prevent danger to public peace and safety, and that questions of title must be resolved through civil suits, not in proceedings under Section 144. The Court dismissed the review petition, emphasizing that magistrates must exercise their jurisdiction based on the specific facts and circumstances of each case.