The High Court summoned under Article 227 dismissed a petition assailing an order invoking Section 133 Cr.P.C. Holding that a pending civil suit justifies seeking injunction through civil jurisdiction, the court deemed the petition devoid of merit.
Summarily dismissed the writ filed under Article 227.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- MATTERS UNDER ARTICLE 227 No. - 2599 of 2022
Petitioner :- Divan Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Brijesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Brijesh Kumar Srivastava, learned counsel for the petitioner and learned A.G.A for the State and perused the record.
By means of present petition filed under Article 227 of the Constitution of India the petitioner is assailing the legality and validity of the order of the Joint Magistrate/Sub Divisional Magistrate, Sadar, Agra dated 11.11.2020 initiated by Divan Singh, under section 133 Cr.P.C. When the said orders were challenged by the Divan Singh by means of a Criminal Revision no. 205 of 2020 the said revision too was dismissed confirming the order of learned Joint Magistrate/Sub Divisional Magistrate, Sadar, Agra dated 11.11.2020 .
This is the concurrent finding of fact it is also given to understand that the civil suit is already pending between the parties and this summary proceeding under section 133 Cr.P.C. was invoked just twist the arm of the opposite parties. It is settled principle of law when the civil suit is already pending the petitioner has every right to invoke the civil jurisdiction and seek a injunction against the opposite party.
Under circumstances this petition under Article 227 of the Constitution of India is devoid of merit and is accordingly, summarily dismissed.
Order Date :- 12.4.2022 Vikram
Digitally signed by VIKRAM SINGH Date: 2022.04.19 13:03:23 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition under Article 227 assailing the order invoking Section 133 Cr.P.C. has merit when a civil suit is already pending.
2 provisions across 2 enactments
Divan Singh
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
