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P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION vs. RAMESH KUMAR BUNG AND ORS.

SCR Citation: [2021] 6 S.C.R. 850
Year/Volume: 2021/ Volume 6
Date of Judgment: 20 July 2021
Petitioner: P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION
Disposal Nature: Others
Neutral Citation: 2021 INSC 346
Judgment Delivered by: Hon'ble Mr. Justice V. Ramasubramanian
Respondent: RAMESH KUMAR BUNG AND ORS.
Case Type: SPECIAL LEAVE PETITION (CRIMINAL) /3869/2021
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973: Grant of interim protection, challenged – Petitioner filed pre-election writ petition against the proposed elections and when failed to get interim order, filed post-election writ petition and also criminal complaints – Respondent no.1 to 3 filed petitions for quashing the criminal complaints – Pending disposal of criminal complaints, respondent no.1 to 3 were granted interim stay of all further proceedings including their arrest before the High Court – On special leave petition by the complainant, held: It was patently an election dispute which was sought to be converted to a criminal case – The facts were so glaring and the background setting so shocking, that High Court correctly found it to be a fit and proper case to grant interim reliefs to Respondents 1-3 –It was completely wrong on the part of the petitioner to contend that the High Court was swayed by the pendency of civil writ proceedings –High Court was perfectly justified in granting interim protection to Respondents 1 to 3 and in ensuring that the supremacy of the ballot is not sabotaged by the authority of the police.

2. Case referred
3. Act
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4. Keyword
  • Code of Criminal Procedure
  • 1973
  • Grant of interim protection
5. Equivalent citation
    Citation(s) 2021 (9) SCC 152 = 2021 (9) Suppl. SCC 152 = 2021 (7) JT 123 = 2021 (7) Suppl. JT 123 = 2021 (8) SCALE 303