RAVINDRA KUMAR SAXENA AND ORS Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Ravindra Kumar Saxena And Ors
State of Uttarakhand and another
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(1.) This petition has been filed by the petitioners with the prayer to quash the proceedings of criminal case no.223 of 2009, State Vs. Ravindra Kumar Saxena and others, pending in the court of Chief Judicial Magistrate, Almora, under Sections 323/427 IPC. The said case was founded under crime no.770-A/2008 and chargesheet No.96-A/2008.
(2.) Having heard learned counsel for the parties, it transpires that some property pertaining to 'American Methodist Church' was lying in Almora, wherein one Puran Singh, husband of respondent no.2 was allegedly residing. He filed a civil suit no.28 of 1995 in the court of Civil Judge (J.D.) Almora, seeking a declaration and injunction against the said Church. The said suit was dismissed on merits on 27.8.2007 against which an appeal bearing no.25 of 2007 was filed which was also dismissed by learned District Judge, Almora vide an elaborate judgment dated 21.4.2008. Thereafter, a second appeal was filed before this Court which too was dismissed. Soon thereafter, a recall application no.804 of 2008 was moved by Puran Singh which also met with the same fate of dismissal on 14.8.2008.
(3.) On the other hand, American Methodist Church and others filed an eviction suit against said Puran Singh seeking a decree of eviction from the property in question. The current position is that after the eviction orders, the High Court, as an interim measure, has stayed the eviction on 23.5.2012 by admitting the first appeal no.60 of 2012.;
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