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2000 Supreme(SC) 3

D.P.WADHWA, S.SAGHIR AHMAD
Subhash Chandra – Appellant
Versus
State Of U. P. – Respondent


(1) THE dispute between petitioner and respondent Nos. 3 to 6 dates back to 10th of March 1998, when respondents 3-6 are alleged to have forcibly taken away 350 bags of potatoes valued at more than Rupees one lakh, from the fields of the petitioner by loading the consignment in their tractor-trolley. In order to prevent the petitioner from lodging the First Information Report with the Police, respondents 3-6 took the petitioner to their residence and allegedly assaulted him. On the next day, namely, on 1 1/03/1998, the petitioner informed the Sr. Superintendent of Police, Farrukhabad, about the above incident through a fax message.

(2) IN another incident, which is the incident involved in this case, respondent 3-6 assaulted the petitioner on 29/03/1998 at 11 A.M., Rs.500/-which the petitioner had with him at that time was taken-away by respondents 3-6 and they also badly abused the petitioner. The incident was allegedly witnessed by Ram Niwas and SiyaRam. Petitioner immediately went to the Police Station to lodge the report but no action was taken Consequently, the petitioner filed a complaint in the court of Chief Judicial Magistrate, Farrukhabad, against responden








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