Jammu and Kashmir Court July 1972 Judgments
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Shaban Shoda Vs. Jamal Lone and anr.
Court: Jammu and Kashmir
Decided on: Jul-20-1972
Reported in: 1973CriLJ90
ORDERS.M.F. Ali, C.J.1. This is a reference recommending that the proceedings taken under Section 145 of the Code of Criminal Procedure between the Parties, may be quashed because the non-applicant has been put in possession by the Revenue Court in proceedings instituted under Section 56 of the Tenancy Act.2. The learned Sessions Judge has pointed out that where a final order is either by a Revenue Court or by a Civil Court, it is the duty of the Criminal Court under Section 145 Code of Criminal Procedure to give effect to the said order, otherwise a strange position would develop so as to bring two inconsistent orders into existence. I think that the reasons given by the learned Sessions Judge are extremely commendable and must prevail. The learned Sessions Judge has quoted, AIR 1955 Hyd 65 : 1955 Cri LJ 480 AIR 1925 Mad 1252 : (1926) 27 Cri LJ 95 and : AIR1958All803 in support of his view.3. I have also gone through these authorities and I find that they fully support the view taken ...
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