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1952 Supreme(Pat) 149

IMAM, MISRA
Nivas Singh – Appellant
Versus
Amar Sao – Respondent


Judgment

Imam, J.

1. This is an application under Arts. 226 and 227 of the Constitution in the matter of a writ in the nature of certiorari. The petitioner was convicted by the Gram Cutcherry of Samayagarh for offence punishable under Sec. 504 and Section 506, Penal Code, and sentenced to pay a fine under each section. An appeal to the Full Bench of the Gram Cutcherry was dismissed. The Sub-divisional Magistrate, however, was moved presumabty under Section 73, Bihar Panchayat Raj Act 1947 (Act 7 of 1948). The Sub-divisioral Magistrate was of the opinion that there was no case made out under Sec. 504, and he set aside the conviction. He, however, upheld the conviction under Sec. 506, Penal Code.

2. The case of the complainant before the Gram Cutcherry was that the petitioner had sent his son Kedar Singh to the complainant with a slip bearing his signature asking him to send 10 seers of Khajoor. The complainant refused to supply as it was against the rules of the ration shop to give more than two seers of Khajoor to anybody. On this, the petitioners son Kedar Singh went back and informed the petitioner accordingly. The petitioner came and began to abuse the complainant. The petitioner

















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