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1964 Supreme(SC) 88

A.K.SARKAR, J.R.MUDHOLKAR, M.HIDAYATULLAH
Hari Das – Appellant
Versus
State Of W. B. – Respondent


Advocates:
NIHARENDU D.MAJUMDAR, P.K.BOSH, P.K.CHAKRAVARTI, P.K.CHATTERJI, S.C.MAJUMDER, SARJU PRASAD

Judgement

SARKAR, J. : The High Court at Calcutta made an order directing the Registrar of the Court to file a complaint in the Court of a magistrate against the appellants under Ss. 211, 199 and other appropriate sections of the Indian Penal Code. The Registrar thereupon filed a complaint against the appellants under Ss. 193, 199 and 211 of the Code. The appellants have appealed against the order of the High Court under a certificate granted under Art. 134 (1) (c) of the Constitution.

2. It appears that the appellants had moved the High Court for committal for contempt of court of certain respondents, whom I will call the Mondal respondents, for breach of an injunction issued in a suit. That injunction prohibited the respondents from disturbing the appellants possession of some property. It was said by the appellants that the Mondal respondents attempted to enter forcibly into the properties in breach of the injunction and "in the course of such attempt broke open the gate, cut down one tree and also broke down the gate" The High Court referred the matter to the Subordinate Judge for a report on the allegations about breach of injunction and on a consideration of that report came t
















































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