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Rajpal Singh vs. State of Rajasthan & Ors.

54.00 5.40

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Code of Criminal Procedure, 1973–Secs. 145 & 146 [Corresponding Secs. 164 & 165 of BNSS, 2023]–Appointment of receiver–Order of–Set aside by the Revisional Court–When a civil suit concerning the title and possession of the disputed property is already pending before a competent civil Court, Initiating or constituting parallel proceedings u/ss. 145 & 146 are neither appropriate nor legally justified–Such parallel proceedings amount to a needless duplication of efforts, leading to unnecessary expenditure of public time and resources–The Civil Court being fully empowered to adjudicate disputes relating to the possession and ownership, can also grant appropriate interim relief during the pendency of the suit–Moreover, any decision rendered u/ss. 145 & 146 remains subordinate to the outcome of the civil proceedings–Therefore, in the presence of a pending civil suit, continuation of proceedings u/ss. 145 & 146 serve no useful purpose–Petitioner himself acknowledged the joint possession of the disputed land with the respondents–Held, no case is made out for interference.