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december 2012

Supreme Court of India · 2012-12-13

ASHOK KUMAR vs STATE OF UTTARAKHAND .

Citation / case number
SC 2012/15890
Court
Supreme Court of India
Petitioner
ASHOK KUMAR
Respondent
STATE OF UTTARAKHAND .
Author
K. S. Radhakrishnan
Bench
DIPAK MISRA K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court examined the validity of an order of attachment under Section 146(1) of the Code of Criminal Procedure, affirming the High Court's decision. The Court held that the Sub Divisional Magistrate (SDM) exceeded jurisdiction by attaching property while a civil suit regarding possession was pending, emphasizing that the SDM's order was inappropriate given that the appellant's possession was not disputed. Consequently, the Court set aside the SDM's order, reinforcing the principle that criminal proceedings should not interfere with civil disputes.

ASHOK KUMAR vs STATE OF UTTARAKHAND . · Niyam