Ramkali v. Gyan Prakash and others), under Section
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Considering the aforesaid and also the observations made by Hon'ble Apex Court in the judgments passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. & others, AIR 1985 SC 472, Prakash Chand Sachdeva Vs. State and Another, AIR 1994 SC 1436, Jhummamal alias Devandas Vs. State of M.P. & others, AIR 1988 SC 1973, Amresh Tiwari Vs. Lalta Prasad Dubey and another, AIR 2000 SC 1504, Mohd. Shakir Vs. State of U.P., 2022 Live Law (SC) 727, M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, Sri Siddeshwar Temple Trust Committee v. Sri Malingaraya Temple Charitable Trust, (2020) 18 SCC 417 and Full Bench of this Court in the case of Ganga Bux Singh Vs. Sukhdin, AIR 1959 All 141, on the issue, according to which, in given facts of the case, proceedings under Section 145 Cr.P.C. can be initiated even if the case before the civil court is pending, and also the findings recorded by the Magistrate and Revisional Court in the impugned orders dated 15.09.2008 and 07.08.2024 related to Ramkali, which has not been disputed by the applicant by placing appropriate evidence either before the Magistrate or Revisional Court or this Court, this Court finds no force in the instant application. It is accordingly dismissed. Order Date :- 29.1.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
Considering the aforesaid and also the observations made by Hon'ble Apex Court in the judgments passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. & others, AIR 1985 SC 472, Prakash Chand Sachdeva Vs. State and Another, AIR 1994 SC 1436, Jhummamal alias Devandas Vs. State of M.P. & others, AIR 1988 SC 1973, Amresh Tiwari Vs. Lalta Prasad Dubey and another, AIR 2000 SC 1504, Mohd. Shakir Vs. State of U.P., 2022 Live Law (SC) 727, M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, Sri Siddeshwar Temple Trust Committee v. Sri Malingaraya Temple Charitable Trust, (2020) 18 SCC 417 and Full Bench of this Court in the case of Ganga Bux Singh Vs. Sukhdin, AIR 1959 All 141, on the issue, according to which, in given facts of the case, proceedings under Section 145 Cr.P.C. can be initiated even if the case before the civil court is pending, and also the findings recorded by the Magistrate and Revisional Court in the impugned orders dated 15.09.2008 and 07.08.2024 related to Ramkali, which has not been disputed by the applicant by placing appropriate evidence either before the Magistrate or Revisional Court or this Court, this Court finds no force in the instant application. It is accordingly dismissed. Order Date :- 29.1.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench