Supreme Court of India · 1993-01-07
DHARAMPAL AND ORS. vs SMT. RAMSHRI AND ORS.
- Citation / case number
- SC 1980/63402
- Court
- Supreme Court of India
- Petitioner
- DHARAMPAL AND ORS.
- Respondent
- SMT. RAMSHRI AND ORS.
- Author
- P.B. SAWANT
- Bench
- P.B. SAWANT
Judgment text excerpt
The Supreme Court held that under Section 146 of the Criminal Procedure Code, 1973, a competent court's determination of rights does not need to be final; even a tentative order, such as an interim injunction, can lead to the withdrawal of a Magistrate's attachment order. The Court clarified that once a civil court issues an interim order, the likelihood of a breach of peace is negated, allowing the Magistrate to withdraw the attachment. The appeal was allowed, restoring the Magistrate's order of withdrawal of attachment as consistent with the civil court's authority.