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Documents citing Ram Shanker Tewari And Anr. vs The State And Ors. on 6 October, 1969

Ashok Kumar vs State Of U.P. And 2 Others on 28 April, 2026

5. It was further submitted that the learned SDM has wrongly held that a civil suit between the parties is pending, whereas no such civil suit was pending before any civil court rather, a suit for cancellation of the sale deed was instituted by the petitioner before a competent civil court. It was further submitted that the law is well settled that proceedings under Section 145(1) Cr.P.C. can be initiated even in respect of disputed properties which are co-owned between different shareholders, therefore, the finding recorded by the learned Magistrate that proceedings under Section 145(1) Cr.P.C. cannot be initiated in co-shared property is erroneous. He further submitted that mere pendency of a civil suit is not sufficient to drop the proceedings under Section 145(1) Cr.P.C. He submitted that the Hon'ble Supreme Court in Rama Shanker Tewari and another vs. The State and others has held that proceedings under Section 145(1) are permissible even in cases of properties where there are more than one co-sharers.
Allahabad High Court Cites 9 - Cited by 0 - Full Document
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