Ashok Kumar vs State Of Uttarakhand & Ors

The Supreme Court held that the order of attachment under Section 146(1) of the Code of Criminal Procedure was improperly issued by the Sub Divisional Magistrate, as the possession of the property was not disputed in the ongoing civil suit. The Court emphasized that the SDM exceeded its jurisdiction by intervening in a matter already pending before a civil court, thereby establishing that the jurisdiction under Section 146(1) should not be exercised when civil proceedings are ongoing. The Court set aside the attachment order, affirming the principle that civil disputes should be resolved in civil courts without interference from criminal proceedings.