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2022 Supreme(SC) 1832

DINESH MAHESHWARI, SUDHANSHU DHULIA
Mohd. Shakir – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
Mr. Kartikeya Bhargava, AOR, for the Appellant; Mr. Arvendhu Kr. Mouli, AAG Mr. Vishnu Shankar Jain, AOR Mr. Shaurya Krishna, Adv. Mr. Ashish Madan, Adv. Ms. Shreya Srivastava, Adv. Mr. Kavin Gulati, Sr. Adv. Mr. Trilok Nath Saxena, Adv. Mr. Vipin Kumar Saxena, Adv. Ms. Abhina Saxena, Adv. Mr. Rohit Sthalekar, Adv. Mr. Mayank Chaturvedi, Adv. Mr. Apoorv Chaturvedi, Adv. Mr. H. C. Kharbanda, Adv. Dr. Shiv Kumar Tiwari, Adv. Mr. Dhirja Kumar Sammi, Adv. Mr. Asit Shankar, Adv. M/S. Mukesh Kumar Singh And Co., AOR, for the Respondent

ORDER

1. Heard learned counsel for the parties.

2. In this petition, seeking to challenge the order dated 15.11.2019, as passed by the High Court of Judicature at Allahabad in Criminal Revision No. 209 of 2012, this Court had taken note of the basic contention urged on behalf of the petitioner in the order dated 17.05.2022, which reads as under:

    'Delay condoned.

    Learned counsel for the petitioner has drawn our attention to the observations and directions occurring in the penultimate paragraph of the order dated 07.01.2012 as passed by the City Magistrate, Mathura; and has contended that it was wholly without jurisdiction for the learned Magistrate to give the findings as regards possession of the property in question and even issuing injunction apart from the direction for maintaining status quo while withdrawing the proceedings under Section 145 CrPC.

    Issue notice returnable in the second week of July, 2022.

    Dasti service in addition to ordinary process is permitted.'

3. The said penultimate paragraph of the order dated 07.01.2012, as passed by the City Magistrate Mathura, reads as under: -'Appreciated the documents available in case file and after hearing the arguments from both the par

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