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1998 Supreme(Raj) 1182

AMARESH KUMAR SINGH
Abid Adeeb – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Heard the learned counsel for the petitioner, the Public Prosecutor and the learned counsel for the non-petitioner No. 2.

2. Both these petitions, the first under section 482 Cr.P.C. and the second under section 397 read with 401 Cr.P.C. are against the orders passed in the same proceedings i.e. the proceedings of Misc. Criminal Case No. 1/97 Mulla Hasan Ali v. Secretary, Bohra Youth, Udaipur . Both the petitions are therefore, being disposed of by common order.

3. On 8th July, 97 Mulla Hasan Ali, who is non-petitioner No. 2 in both the petitions filed an application before the learned Additional District Magistrate (City) Udaipur with the prayer that the possession of Moiyatpura Mosque situated in Udaipur, the possession of which had been taken by the Receiver appointed in the proceeding under section 145 Cr.P.C. be delivered to the applicant as the proceedings started under section 145 Cr.P.C. had been quashed and set-aside by the High Court. The learned Additional District Magistrate (city) Udaipur after considering the averments made in the application, initiated the impugned proceedings and directed that the application be registered. He further directed that the




































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