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.