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1961 Supreme(Bom) 28

S.P.KOTVAL
State – Appellant
Versus
Ganpat – Respondent


ORDER

(1) This is a reference by Mr. P.S. Malvankar, Sessions Judge, Akola, recommending that the order of commitment made by the Civil Judge and judicial Magistrate, First Class, Murtizapur, Mr. A.S. Korane, should be quashed and that the Magistrate should be directed to proceed with the case and dispose it of accordng to law.

(2) On a complaint filed before the trying Magistrate by one Bhaskar Shankar, the eleven opponents were tried for offences punishable under sections 120-B ,147,455,341 and 440 of the Indian Penal Code. It was the complanants case that one Subhash was the tenant of the house in dispute. He died on 23-3-1960. Since there were no known heirs or relations of the deceased, the police took possession of his property which was lying unclaimed in the house and thereafter the said Bhaskar Shankar took the house on rent form 1-6-1960. The name of the owner of the house is not known and he has not been examined, but his Gumashta Ramkrishna has given evidence that the house was given on rent to the complainant Bhaskar Shankar. According to the complainant, the opponents attempted to dispossess him by force and unlawfully and the complainant gave a report to the police on









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