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1997 Supreme(Pat) 178

P.K.SARIN
Naresh Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashok Kumar Keshri.
For the O.Ps. : Mr. B.P. Verma.

JUDGMENT

P.K. Sarin, J.

This criminal revision application is directed against the order dated 29.3.88 passed by Judicial Magistrate, 1st Class, Jhanjharpur at Madhubani, in T.R. No. 902/88, G.R. No. 95/87 whereby the learned Magistrate has taken cognizance of the offences under Sections 323, 342 and 379 I.P.C. against the petitioners and two others and has ordered for issuance of process against the petitioner and other co-accused.

2. It appears that a complaint (a copy of which is at Annexure-5) was filed by O.P. No. 2 against the petitioner and two other persons before the learned Magistrate alleging that his village was badly affected by the floods and the flood relief was to be distributed and, accordingly, a list was prepared which was duly signed by the petitioner and other co-accused Mahabir Mandal, Panchayat Sevak and members of the committee of the villagers. It was alleged that subsequently the petitioner and Mahabir Mandal arbitrarily reduced the units against which the Sarpanch of the village Atiqur Rahman gave a petition on 9.10.87 for amending the units after local enquiry. It was alleged that the petitioner and other co-accused had come on 9.10.87 at about 12.30 P.M. t


















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