SIDDESHWAR TEMPLE TRUST Vs. MALINGARAYA TEMPLE CHARITABLE TRUST

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Leave granted.

(3.) The High Court correctly finds that a Civil Suit is pending in which there is already a temporary injunction order. After again referring to our judgment in Ashok Kumar vs. State of Uttarakhand and Others, (2013) 3 SCC 366, the High Court then goes off at a tangent to state that since there is no enquiry as to whether an emergent situation did or did not arise for the purpose of Sec. 145 or 146 Cr.P.C., the matter stands remitted under those provisions to the learned Magistrate.