Supreme Court · 1979 INSC 180 · Decided 13 September 1979
Mathuralal v. Bhanwarlal & ANR.
- Court
- Supreme Court of India
- Citation
- 1979 INSC 180 · [1980] 1 S.C.R. 620
- Case number
- CRIMINAL APPEAL No. 10/1979
- Decided
- 13 September 1979
- Bench
- D.A. DESAI, O. CHINNAPPA REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 145, 145(1), 146
Headnote
Code of Criminal Procedure, 1973-Ss. 145 · and 146-Scope of-Magis­ . -Irate if competent to proceed with enquiry after attaching the property ·in dis-· pute. I Apprehending breach of peace on account of a dispute over a house bet- C ween the appellant and the respondent ject matter of dispute under ~- 146(1) on the ground that it was a case of· emergency. The appellant's objection that once the subject of the dispute had been attached under s. 146, he was not competent to proceed with the enquiry under s. 145 was overruled by the Magistrate.
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