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1980 Supreme(SC) 455

O.CHHINNAPPA REDDY, R.S.SARKARIA
H. S. Bains, Director, Small Saving. Cum Deputy Secretary Finance, Punjab, Chandigarh – Appellant
Versus
State (Union Territory Of Chandigarh) – Respondent


Advocates:
M.N.SHROFF, SHOBHA DIXIT, URMILA SIRUR

JUDGMENT

CHINNAPPA REDDY, J.:— On August 13, 1979, Gurnam Singh a resident of Chandigarh submitted a complaint to the Judicial Magistrate Ist Class Chandigarh, alleging that the appellant H. S. Bains accompanied by two persons had come to his house in a car on the morning of August 11, 1979, at about 8 a. m., trespassed into the house and threatened to kill him and his natural son if he did not take away his natural son Aman Deep Singh from the house of his sister Bakshish Kaur, who had taken the boy in adoption as she was issueless. Bakshish Kaur was the widow of the brother of the appellant and the adoption made by Bakshish Kaur was not to the liking of the appellant. It was alleged in the complaint that the appellant was armed with a revolver which he pointed at the complainant. The complainant raised a hue and cry. The accused and his companions fled away in their car. As August 11, 1979 and August 12, 1979 were holidays, he was able to file the complaint only on 13th August, 1979. The learned Magistrate to whom the complaint was submitted ordered an investigation by the police under Section 156 (3) of the Code of Criminal Procedure. The police, after completing the investigati















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