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1993 State order to stop Hindu prayers in Gyanvapi mosque cellar was illegal: Allahabad High Court

In doing so, the Court rejected the Muslim side’s argument that the January 31 order was passed by wrongly applying Section 152 of the Code of Criminal Procedure (CrPC).

The Court accepted the Hindu side’s argument that the January 17 order which preceded the January 31 order had “accidentally” omitted to mention the decision on a prayer already made by the Hindu side in a composite application to (a) appoint a Receiver and (b) permit Hindu prayers in the mosque’s cellar.

Such an “accidental” omission can be corrected by invoking Section 152, CrPC, as was done by the trial court, the High Court said.

“The order dated 31.01.2024 stands covered under the powers of Court given in Section 151 and 152 CPC, as it is neither reviewing the order, nor the Court under the guise of invoking Section 152 is granting any further relief after the result of the judgment was rendered earlier,” the Court added.

Source: Barandbench

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