The Bombay High Court, in a criminal writ petition, held that grievances regarding breach of an injunction order must be dealt with in civil court or by police. The Court declined to entertain the petition and expressed no opinion on the merits.
Criminal writ petition dismissed with directions to move the civil court independently.
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.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO. 922 OF 2007
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Office notes, office :
Memoranda of Coram, :
appearances, Court’s : Court’s or Judge’s Orders
orders or directions :
& Registrar’s orders. : .
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Mr. S. S. Shah for petitioner
Ms. P. H. Kantharia, APP
CORAM: SMT. RANJANA DESAI &
D. B. BHOSALE, JJ.
DATED:-4/6/2007
P.C.:-
Primarily the grievance of the
petitioner is that respondents 4 to 6
have committed breach of injunction
order. If that is the grievance, in
our opinion the petitioner can move
the civil court for reliefs against
the breach of injunction order. The
petitioner, if he is so advised can
also seek police help.
In the circumstances, it is not
possible for us to entertain this
petition. If any application is made
the civil court shall dispose it of
independently and in accordance with
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law.
We have expressed no opinion on
the merits of the case. All
contentions raised in the petition are
kept open.
Petition is disposed of.
JUDGE.
JUDGE.
2 issues framed by the court
Whether the High Court could entertain a criminal writ petition alleging breach of an injunction order which is a matter for civil court.
Whether the respondents in a breach of injunction matter could approach police for help.
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RESPONDENTS 4 TO 6
RANJANA DESAI
D. B. BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court