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1990 Supreme(Pat) 423

S.H.S.ABIDI
Rama Nand Jha – Appellant
Versus
Kamla Nand Jha – Respondent


Judgment

S.Haider Shaukat Abidi, J.

1. Both these revisions have been filed by Rama Nand Jha, petitioner, against the common order dated 9-8-1983 passed by the learned Chief Judicial Magistrate Katihar in C.II 283 and CII 301 of 1982 dismissing the complaint. They have also prayed for passing an order for an enquiry under Sec. 398 of the Code of Criminal Procedure. Having heard learned counsel for the parties, both the cases are being disposed of by the common judgment.

2. Both the cases have arisen out of a proceeding started by the petitioner - Rama Nand, Jha. Sarpanch of Domaria Gram Panchayat on the basis of a report from Dalpati dated 20-8-1982 to the effect that there was an apprehension of breach of peace with respect to some lands as given in the petition, as the three different persons, were planning to cut the crop from the field. The Sarpanch stopped all the three parties from doing so and he passed an order under Sec. 64(1) of the Gram Panchayat Raj Act and got a notice served, on 22-8-1982 upon the opposite parties directing them not to cut the paddy. He also deputed the Dalpati to guard the land and he forwarded the report to the Subdivisional Magistrate, Katihar under


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