Supreme Court of India · 2000-04-11
AMRESH TIWARI vs LALTA PRASAD DUBEY & ANR.
- Citation / case number
- SC 1999/60561
- Court
- Supreme Court of India
- Petitioner
- AMRESH TIWARI
- Respondent
- LALTA PRASAD DUBEY & ANR.
- Bench
- K.T. THOMAS, D.P. MOHAPATRA & S.N. VARIAVA.
Judgment text excerpt
The Supreme Court held that the High Court's exercise of powers under Section 482 of the Criminal Procedure Code to set aside the order of the Sub-Divisional Magistrate (SDM) was justified, as the SDM had previously dropped proceedings under Section 145 due to the pendency of a civil suit concerning the same property. The Court emphasized that the existence of a civil suit with a status quo order should preclude criminal proceedings under Section 145, thereby upholding the principle that civil disputes should be resolved in civil courts. The appeal was dismissed, affirming the High Court's order.