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1980 Supreme(Del) 10

J.D.JAIN
RAM NARAIN – Appellant
Versus
STATE OF DELHI – Respondent


J. D. Jain, J.

( 1 ) THE facts leading to this revision petition succinctly are that on 19th of April, 1975, a report was lodged by one Partap Singh at Police Station Najafgarh complaining that the petitioner had broken open the locks of the main gate as well as store-cum-office of his factory which he was running as a partner under the name and style of M/s Dawar Engineering Works, on plot No. 38b, Khasra Number 100, at village Matiala, the said plot having been taken on rent by him from the petitioner on 12th of December, 1973 on monthly rent of Rs 125. 00. He explained that after taking the plot in question on rent he constructed the factory and installed the machinery therein at a huge expenses. Further according to him the petitioner was found sitting inside the office of the factory and on enquiry by him with regard to the breaking of locks of the factory premises he retorted that he had done every thing and that the complainant was at liberty to do anything. A case under Section 448/454/380 of the Indian Penal Code was registered on the strength of that report and eventually a charge-sheet was put in by the Police under Section 173 Criminal Procedure Code for prosecuting the







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