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1968 Supreme(SC) 138

V.RAMASWAMI, G.K.MITTER, C.A.VAIDIALINGAM
Baidyanath Prasad Srivastava – Appellant
Versus
State Of Bihar – Respondent


Advocates:
B.P.SINGH, D.N.Mishra, D.P.Singh, K.M.NAYAR

Judgement

VAIDIALINGAM, J. : On behalf of the sixth-accused, the appellant herein, in this appeal, by special leave, Mr. B. P Singh, learned counsel, challenges the order of the Patna High Court, dated September 6, 1965, setting aside the order of acquittal, passed by the Second Additional Sessions Judge, Muzaffarpur, and convicting him for an offence, under Section 467, read with Section 109, I. P. C., and passing a sentence of three months rigorous imprisonment.

2. For the relief and rehabilitation, of people who had suffered, in 1954, by the heavy floods in Sitamarhi Sub-Division, the Government of Bihar was granting loans to needy and suitable persons, under the Agriculturist s Loan Act, 1884. The appellant was a Mukhtear, practising at Sitamarhi. There were certain formalities, to be gone through, in the matter of obtaining the loans, under that Act. One of the requirements was that an applicant had to put his signature, on an agreement from and, that he should be identified, by a lawyer, who should also attest his signature. Several officers, connected with this Loan Department, including the Mukhtears practising at Sitamarhi, one of whom was the appellant, were alleged to hav






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