Supreme Court of India · 2000-04-25
Amresh Tiwari vs Lalta Prasad Dubey & Anr
- Court
- Supreme Court of India
- Petitioner
- Amresh Tiwari
- Respondent
- Lalta Prasad Dubey & Anr
- Author
- S. N. Variava
- Bench
- K.T.Thomas, S.N.Variava
Judgment text excerpt
The Supreme Court held that proceedings under Section 145 of the Criminal Procedure Code cannot continue when a civil suit regarding the same property is pending, as it would violate the principle of res judicata. The Court emphasized that the existence of a civil suit with a status quo order necessitates the dropping of criminal proceedings to avoid conflicting judgments. Consequently, the High Court's order setting aside the SDM's decision to discontinue the proceedings was upheld, reinforcing the primacy of civil jurisdiction in property disputes.