Supreme Court · 2012 INSC 609 · Decided 13 December 2012
Ashok Kumar v. State of Uttarakhand & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 609 · [2012] 13 S.C.R. 971
- Case number
- CRIMINAL APPEAL No. 2038/2012
- Decided
- 13 December 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 145, 146(1), 146, 145(1)
Headnote
Code of Criminal Procedure, 1973: A B 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 - Order confirmed by High Court - On appeal, held: The SOM had wrongly invoked powers u/s. 146(1) as there is nothing to D 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 the reports
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)