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1973 Supreme(Pat) 229

J.NARAIN
AYUB – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Advocate Appeared:
Messrs Naseem Ahmad, H. Anzar and S. C. Imam for the Petitioners;
Mr. Rana Pratap Singh for the State.

JUDGMENT :

Narain, J.

1. By this petition the petitioners seek to quash a criminal proceeding which is pending against them and to quash the charges under Section: 109, 147, 148, 353 and 379 of the Indian Penal Code that have been framed against the petitioners.

2. With respect to plot no. 1172, khata no. 551 situate in village Chandanpati, the Sub-divisional Magistrate, Darbhanga, drew up a proceeding under Section 144 of the Code of Criminal Procedure an the 14th of March, 1967, and asked the petitioners on one side and Md. Mustafa on the other to abstain from going over the land in dispute and restrained them from doing any act which may lead to breach of the peace. On the 18th of March, 1967, he asked the Mukhiya af the Gram Panchayat concerned to get the crop harvested. On the 20th of March 1967 the petitioners, however, harvested and took away the crop. As directed by the Sub-divisional Magistrate, on the 31st of March, 1967, the Chief Officer of the Gram Panchayat filed a complaint petition against the petitioners for offences under different sections of the Indian Penal Code. Cognizance was taken and the case was transferred to. Shri R.K. Sharma, Munsif Magistrate (first clas














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