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1979 Supreme(Cal) 177

MONOJ KUMAR MUKHERJEE
KISHORI MOHAN GUCHHAIT – Appellant
Versus
APURBA BARAN MONDAL – Respondent


JUDGEMENT

1. This Rule is directed against an order passed by the Sub-divisional Judicial Magistrate, Tamluk dismissing the complaint of the petitioner for want of sanction required under S. 197 of the Cr. P. C. (hereinafter referred to as the Code).

2. The petitioner filed the complaint under S. 500 of the I. P. C. against the opposite party, who at the material time was the Block Development Officer, Mahisadal-I. In his complaint the petitioner stated that the opposite party married the cousin of one Kalpataru Das, the then Veterinary Surgeon of Mahisadal-I who had his office and quarter in the village Nandakumar, wherein also the petitioner resides. Case and counter case are pending between Kalpataru Das and the petitioner and his sons over some alleged incidents of assault on April 23, 1976. On May 17, 1976 the accused sent a report to the Sub-divisional Magistrate, Tamluk for taking action against the petitioner and his sons under S. 107 of the Code. According to the petitioner, the allegations made in that report were false and malicious and the report was made by the opposite party with the intention to harm and injure the reputation of the petitioner. On receipt of such repor






























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