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april 2000

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.

Amresh Tiwari vs Lalta Prasad Dubey & Anr · Niyam