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1977 Supreme(Pat) 228

UDAY SINHA
Pancham Lal – Appellant
Versus
Dadan Singh – Respondent


Judgment

1. This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the trial of the petitioner under Sections 504 and 323/109 of the Indian Penal Code.

2. The incidents out of which the present application arises took place on 5-12-1976. On that date the petitioner, a member of the Indian Administrative Service was posted as Sub-Divisional Officer at Arrah. The incidents of 5-12-1976 led to filing of a complaint by Dadan Singh, opposite party against the petitioner and thirteen others. Arising out of the same incidents the police of Udwantnagar Police station also instituted case No. 3 (12) 76 on the basis of a written report of K. P. Sinha, Circle Officer, Udwantnagar against Rampukar Singh and Shree Narayan Singh. The complaint filed by the opposite party alleged commission of offences under Sections 147, 323, 500, 502 and 504 of the Indian Penal Code. It was alleged in the complaint filed by the opposite party that with the object of instigating class war between backward classes and forward classes, the petitioner along with K. P. Sinha, Anchal Adhikari, Udwantnagar was getting the ripe paddy crop of plot









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