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1976 Supreme(Pat) 236

MUNESHWARI SAHAY
Ramashray Singh – Appellant
Versus
Anand Mohan – Respondent


Judgment

1. This application is directed against the prosecution of the petitioner in case No. C-161 of 1974 pending before a Judicial Magistrate at Siwan. The petitioner is a practising advocate at Siwan. The complaint against him was filed by the then Civil Assistant Surgeon, Siwan, Dr. Anand Mohan. In his complaint petition the complainant alleged that on the date of the occurrence at about 4.30 P. M. while he was on out-door duty and examining a patient, the petitioner went there along with another advocate and asked him to give an injection to a child which they had brought to the hospital. The doctor asked them to wait for a few minutes as the syringe was under sterilization and he himself was busy with the examination of some outdoor patients. The petitioner however, became furious at this and started hurling abusive and defamatory language against the doctor. The petitioner and his companion even used a criminal force against the doctor with intent to prevent him from discharging his duties as a public servant and they threatened to even kill him. The complainant alleged that the petitioner had deliberately and intentionally lowered him down in the estimation of his friends,







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