Supreme Court of India
Ashok Kumar v. State of Uttarakhand & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the SOM has not properly appreciated the scope of Sections 145 and 146(1), Cr.P.C. E The object of Section 145, Cr.P.C. is merely to maintain law and order and to prevent breach of peace by maintaining one or other of the parties in possession, and not for evicting any person from possession.
Judgment, page 6
From the headnote
Code of Criminal Procedure, 1973: ss.145 and 146 (1) - Application u/s. 145 - Praying for c attachment of property - Civil suit and application for interim injunction in respect of the same property pending before civil court - Police enquiry report stating that one of the parties was in possession - SOM passing order for attachment - Order confirmed by High Court - On appeal, held: The SOM had wrongly invoked powers u/s. 146(1) as there is nothing to show that an emergency existed so as to attach the property · - He could not have passed order of attachment on the ground of emergency when
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