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1957 Supreme(Cal) 101

K.C.DAS GUPTA, B.K.GUHA
ANIL KUMAR SAHA – Appellant
Versus
PRANADA CHAKRABARTY – Respondent


Advocates Appeared:
ABINASH CHANDRA BHATTACHARYYA, KANAI DHAN DUTT, MUKTI MAITRA, NAGENDRA NATH BOSE, S.S.MUKHERJEE, SAMARENDRA NATH ROY CHOUDHURY

K. C. DAS GUPTA, J.

( 1 ) ON 24th of October, 1953, the petitioner Anil Kumar Saha, lodged a complaint before the , Sub-Divisional Magistrate of Lalbagh against the opposite parties, accusing them of having committed various offences. The main allegations were that when the opposite party No. 1, Pranada Chakrabarty, went to the complainant's father's house on 23rd of October, 1953, he demanded from his father, Bistu Pada Saha, the original Ekrarnama which one Samsher had executed in his favour; but as Anil Kumar Saha, on being asked by his father to make a copy of the same for being made over to the Sub-Inspector, went into an inner compartment, the Sub-Inspector along with two constables trespassed into the inner compartment, demanded the original Ekrarnama and while two constables -- whose names do not appear to have been mentioned in the petition of complaint, though they have been mentioned in the petition here -- held up the petitioner, the Sub-Inspector, opposite party No. 1, threatened him with a revolver. The allegation against the other accused persons appears to have been mainly of trespass into Bistu Pada's house. Alter taking cognisance of the petition of complaint, th














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