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Tipu Devi (Smt.) th. LR’s. vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Secs. 145 & 146 [Corresponding Secs. 164 & 165 of BNSS, 2023]–Scope–Possession over the disputed land was found to be with the petitioner–Whether such possession was lawful or unlawful is essentially a matter falling within the exclusive domain of the competent Civil Court and the same cannot be conclusively adjudicated in proceedings u/ss. 145 & 146–Impugned order of handing over the possession to respondent no. 2 is liable to be set aside.