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Bachcha Prasad S/O Ram Nandan vs State Of U.P. And Jagannath Dubey S/O ... on 10 November, 2004
cites
Ram Sumer Puri Mahant vs State Of U.P. And Ors. on 17 December, 1984
"Although the Supreme Court in Ram Sumer case has held that a party should not be permitted to litigate before the criminal court when the civil suit is pending in respect of the same subject matter, but that does not mean that a concluded order under Section 145 Cr.P.C. made by the Magistrate of competent jurisdiction should be set at naught merely because the unsuccessful party has approached the civil court. An order made under Section 145 Cr PC deals only with the factum of possession of the party as on a particular day. It confers no title to remain in possession of the disputed property. The order is subject to decision of the civil court. The unsuccessful party therefore, must get relief only in the civil court. He may move the civil court with properly constituted suit. He may file a suit for declaration and prove a better right to possession. The civil court has jurisdiction to give a finding different from that which the Magistrate has reached."
Jhummamal Alias Devandas vs State Of Madhya Pradesh & Ors on 25 August, 1988
7. Learned counsel for opposite party No. 2, however, has cited the case of Jhummamal alias Devandas v. State of Madhya Pradesh and Ors., , wherein after considering the case of Ram Sumer (supra), the Apex Court held as follows:
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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