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1986 Supreme(Pat) 172

C.N.TIWARY
Ram Pratap Narain Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s. Prabha Shankar Mishra, Ganesh Prasad Singh & R.P. Singh.
For the Opposite Parties: M/s. Nageshwar Prasad, P.K. Mukherjee, B.M. Tiwary, Madhukar Kishore Sinha & Miss. Kamlesh Jain.

JUDGMENT :

C.N. TIWARY, J.

1. This is an application for quashing the ORDER :dated 22.3.1976 (Annexure 3) passed by the Sub-divisional Magistrate, Begusarai, in a proceeding under section 144 of the Code of Criminal Procedure.

2. Opposite Party No. 1 is the State of Bihar and opposite party no. 2 is the Officer-in-charge, G.R.P. Barauni Junction Railway. Opposite party no. 3 is Prabhat Kumar Mukherjee, Field Officer and Opposite party no. 4, is S.M. Ahmad, Manager of M/s. A.H. Wheeler and Company Pvt. Ltd., 15 Lal Bahadur Shastri Marg, Allahabad (hereinafter referred to as the Company). The Company is engaged in carrying on the business of Railway book stalls at different Railway stations throughout India. The Company has three book stalls located on different platforms at Barauni junction Railway station.

3. The case of the petitioner is that in the month of June, 1968, the Company appointed the petitioner as its Commission Agent with respect to the aforesaid three book stalls at Barauni Junction Railway station and since then the petitioner has been in exclusive physical possession of the disputed book stalls and trollies at Barauni Junction Railway station. It is said that the offic
































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