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2023 Supreme(All) 1662

DINESH PATHAK
Aman Deep Singh Shishya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : K.S. Tiwari, Amber Khanna, Raj Kumar Khanna, Vivek Tiwari.
For the Opposite Parties : G.A., Pawan Kumar Shukla, Santosh Kumar Pandey, Sheshadri Trivedi.

JUDGMENT :

1. Heard Sri Raj Kumar Khanna learned counsel for the applicant and Sri Satish Trivedi (Senior Advocate) assisted by Sri Sheshadri Trivedi learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

2. The present applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. beseeching the quashing of the order dated 04.03.2021 passed by City Magistrate, Mathura, under Section 145 (1) Cr.P.C. in Case No.35 of 2021 (Aman Deep Singh vs. Adarsh Pal Gupta) and entire proceeding of said case under Section 145 Cr.P.C.

3. Facts culled out from the record reveals that the property in question known as Hari Nikunj Ashram exist in two separate buildings situated at Sri Radha Rani Anna Kshetra, Sri Banke Bihari Colony, Vrindavan, Mathura. Police has submitted report dated 02.03.2021 with an averment that the first party (applicant herein) and the second party (contesting opposite party herein) are claiming their right, title and possession over the property in question, therefore, considering the strained situation on spot both the parties may be summoned and Ashram (property in question) may be attached till the decision with respe

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