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1983 Supreme(SC) 83

D.A.DESAI, E.S.VENKATARAMIAH
Purna – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.Bhandari, D.K.GARG, O.P.MALHOTRA, R.C.KAUSHIK, R.K.GARG

JUDGMENT

 Special leave granted.

2. P. W. 1 Hari Babu claimed that plot No. 169 situated in Village Abdul Navipur was in his possession and he had raised crop. On March 11, 1973 around 3 P.M., P. W. 2 Babu Lal a relation of P. W. 1-Hari Babu went to the field and found about 15 persons present in the field. Some of them were cutting the crop and 5 persons including the present two appellants Purna and Guru Prasad were seen removing the crop. He returned to Hari Babu, P.W. 1 and gave him the information of what was happening in Plot No. 169, Immediately P.W. 1-Hari Babu contacted Circle Officer on telephone who directed the Flying Squad of Police to visit the scene of occurrence. P.W. 2-Babu Lal returned to the field. Some policemen came in a jeep to the field. All those who were in the field except one Baij Nath decamped. The Officer-in-charge of the Flying Squad took Baij Nath and P.W. 2-Babu Lal to P.S. Kotwali, Presumably, after questioning them no case was registered. P.W. 1-Hari Babu went on sending applications to higher officers without success. Ultimately on March 15, 1973 he filed a complaint in the Court of the Additional District Magistrate (Judicial) Mathura against 15 p
















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