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1996 Supreme(SC) 875

G.B.PATTANAIK, K.RAMASWAMY
C. V. Raja Rao – Appellant
Versus
Mirza Basheer Baig – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the order of the High Court dated April 2, 1991 made in Criminal Application No.334/91. It is not necessary to narrate in elaboration all the proceedings that have taken place between the parties. Suffice it to state that in respect of the lands bearing Survey No.202 situated in Lallaguda in Secunderabad of Andhra Pradesh which is now part of the city of Hyderabad, an extent of 4922 sq. yds. is in dispute. Several proceedings have taken place between the parties narration of which is not material. The High Court in quashed proceedings of the initiation of the action under Sections 145 and 146 of the Cr.P.C. gave the following directions :

"Since there are some allegations that the police were not giving aid to the petitioners even though there are injunction orders in their favour, I feel it is desirable that some high official of the Survey Department like the Assistant Director of Survey may be directed to inspect the suit land and localise the suit land with the assistance of a Inspector of Survey with reference to the survey records. The learned Magistrate then under Section 146 Cr.P.C. may complete the enquiry exped







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