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Udai Singh vs. The State of Raj. & Anr.

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Code of Criminal Procedure, 1973–Secs. 145 & 146(1)–Proceedings under–Appointment of the receiver–Justification–Petitioner is in possession of the land since last twenty five years–View of Courts below that the land is in ownership of State–Question of ownership is foreign in the proceedings u/s. 145(4)–No emergency or imminent danger–Matter is pending in civil Court and permanent injunction has been ordered in favour of petitioner–Courts below proceeded without conducting the inquiry and giving a final finding about the factum of possession–Held, impugned order deserves to be set aside.