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1974 Supreme(Pat) 14

A.N.MUKHARJI
Janki Prasad Tibrewal – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. These two criminal revision applications are taken up together with the consent of the parties and this order will govern both of them.

2. These applications arise out of an order dated 6th of April, 1971, passed by the Sub divisional Magistrate, Madhubani, taking cognizance of offences under Sections 323, 324 and 353 of the Indian Penal Code against the petitioners of both these applications.

3. Facts giving rise to these applications are that petitioner Janki Prasad Tibrewal of Criminal Revision 1171 of 1971 is resident of a place within the jurisdiction of Jhanjharpur Gram Panchayat. The three petitioners of criminal revision 1227 of 1971 are relations of Janki Prasad Tibrewat. It is alleged that Janki Prasad Tibrewal had supported the election of one Shri Narain Kejriwal when there was election of Jhanjharpur Gram Panchayat. Ganga Bishun Sah who was also fighting the election succeeded in being elected as a Sarpanch. The case of the petitioners is that Ganga Bishun Sah instigated one Banwari Prasad Khetan of Jhanjharpur to file a report against Janki Prasad Tibrewal in the Gram panchayat making allegations that this petitioner had abused and slapped him and a case un





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