Neelam Hiralal Kukreja @ Maya v. The State of Maharashtra & Ors.
Case at a glance
Outcome
Disposed of
The petition stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 145, 146
Key paragraphs
- Para 4545. wp167-19.doc The petition stands disposed of. The parties at at liberty to agitate their rights in the pending civil appeal or in any other proceeding they may prefer to file. (R.G. AVACHAT, J.) 3 of 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.167 OF 2019 WITH INTERIM APPLICATION NO.948 OF 2020 IN CRIMINAL WRIT PETITION NO.167 OF 2019 Neelam Hiralal Kukreja @ Maya Gagandas Sadhwani And Anr. v/s. The State of Maharashtra And Ors. .. .. Petitioners Respondents …. Mr. Mubin Solkar, a/w. Mr. Aamir Sopariwala, i/b. Zara S. Salati, for the Petitioners. Mr. A.R. Patil, APP, for State. Mr. Rajesh S. Datar, for Respondent No.4. …. CORAM: R.G. AVACHAT, J. DATE : 5 JANUARY 2023. P.C:- Heard.
#2. It is submitted by the learned Advocate for the Petitioners that in view of the Apex Court judgment that when a civil suit is pending, proceedings under Section 145 of Cr.P.C. should not have been continued. 1 of 3
#45. wp167-19.doc The challenge in this petition is to the order passed under Section 145 of Criminal Procedure Code. It is a dispute over possession of a residential flat. The parties are cousins. Admittedly, civil suit was filed by the Petitioner and others. The suit was dismissed. First Appeal No.73 of 2020 against the order of dismissal of the suit is pending before this Court. In the proceedings under Section 145 Cr.P.C., an order has been passed to put the Respondent into possession of the disputed flat. The said order has been stayed in this petition.
#4. The Apex Court in the case of Mohd. Abid & Ors. vs. Ravi Naresh & Ors.1 has observed in para 4 as under: “4. It is, however, an admitted fact that the petitioners have already filed a suit for injunction in which ex-parte ad- interim injunction has been granted by the Civil Court, Faizabad, Uttar Pradesh on 05.12.2020. Once the Civil Court is seized of the matter, it goes without saying that the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end. The inter-se rights of the parties regarding title or possession are eventually to be determined by the Civil Court.”
#5. In view of the dicta of the Apex Court in the aforesaid case and the fact that an appeal is pending in this Court, the interim order passed in this petition is hereby made absolute. 1 Petition(s) for Special Leave to Appeal (Crl.)No(s).5444/2022, Court No.22, Item No.14, Section II 2 of 3
#45. wp167-19.doc The petition stands disposed of. The parties at at liberty to agitate their rights in the pending civil appeal or in any other proceeding they may prefer to file. (R.G. AVACHAT, J.) 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 145, 146.
Which court decided this case, and when?
Bombay High Court, on 05 Jan 2023. The bench was R G AVACHAT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.