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1984 Supreme(All) 825

A. A. DESAI, R. N. MISRA
Ram Sumer Puri Mahant – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

1. Special Leave granted.

2. Challenge in this application is to the order of the Allahabad High Court refusing to interfere in its revisional jurisdiction against an order directing initiation of proceedings under S.145, Criminal P.C. ('Code' for short), and attachment of the property at the instance of respondents 25. Indisputably, in respect of the very property there was a suit for possession and injunction being Title Suit No.87/75 filed in the Court of the Civil Judge at Ballia wherein the question of title was gone into and by judgment dated Feb. 28, 1981, the said suit was dismissed. The appellant was the defendant in that suit. According to the appellant close relations of respondents 25 were the plaintiffs and we gather from the counter affidavit filed in this Court that an appeal has been carried from the decree of the Civil Judge and the same is still pending disposal before the appellate court. The assertion made in the petition for Special Leave to the effect that respondents 2 to 5 are close relations has not been seriously challenged in the counter affidavit. When a civil litigation is pending for the property wherein the question of possession is involved an

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