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J.D.JAIN
Om Prakash and 3 others – Appellant
Versus
State – Respondent


Mr. S. N. Sapra, Advocate - For the Petitoners.
Mr. D. R. Sethi and Mr. C.L. Prem, Advocates - For the Injured Persons.

JUDGMENT

J.D. Jain, J.-This revision petition is directed against order dated 7th June 1984 of an Additional Sessions Judge declining permission to the Public Prosecutor to withdraw from the prosecution of the petitioners.

2. The facts giving rise to the present petition in brief are that Shri Surinder Singh, Raghbir Singh, Balbir Singh and Mohinder Singh, who are real brothers, are running a guest house called "Dashmesh Guest House" at Chowk Sang Tarashan, Delhi. Hari Parshad petitioner No. 4, his sons Om Parkash-petitioner No. 1 and Satish Kumar-petitioner No. 3 have a shop nearby the said Guest House where they sell milk, curd and fruit juices etc. On 19th June 1980, Surinder Singh lodged a report (F.I.R. No. 877/80 under Sections 307/ 324/34 I.P.C.) against all the four petitioners with Paharganj police to the effect that seven or eight days prior to that date Hari Parshad etc. were having a Jagran (i.e.; recitation of devotional songs etc. night to propitiate the Goddess) at Chowk Sang Tarashan and they were singing Bhajans (religious songs). However, the mike of the loud speaker was fitted in the direction of their Guest House and the music was being played at a very loud pit

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