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1976 Supreme(Pat) 27

C.P.SINHA
Bhagwan Das – Appellant
Versus
Sub Divisional Magistrate, Gaya – Respondent


Judgment

1. This application under Sec. 561A of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) is on behalf of the accused persons, eighteen in number. It has been filed with the prayer to quash the cognizance in the case as taken by the Sub-divisional Magistrate, Nawadah in his order dated 6-9-1973 and the subsequent proceedings thereto as taken in the transferee court where the case is still pending. The first three opposite party are the above Sub-divisional Magistrate and the transferee Magistrates and opposite party no. 4 is the complainant of this case.

2. On 24-11-1972 the complainant filed a complaint in the court of the Sub-divisional Magistrate, Gaya making allegations against these petitioners that on 23-11-1972 at about 8 A.M. they had forcibly cut away the paddy crops that she had grown on his 0.75 acre of plot no. 110 and had removed them putting him to a loss of about Rs. 500. On receiving this complaint the Sub-divisional Magistrate examined the complainant on oath on that very day, i.e. 24-11-1972 and referred the matter for judicial enquiry. Subsequently on the complainants petition the enquiry was recalled from that Magistrate and entru










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