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2007 Supreme(Del) 1686

S.RAVINDRA BHAT
Sanjib Ghose Roy – Appellant
Versus
G. S. Arora – Respondent


Advocates Appeared:
G. C. Mishra, for Petitioner; S. P. Batra, Pawan Sharma, APP, for Respondents.

Judgement

ORDER :- This is a complainant's revision against the order of the Additional Sessions Judge (hereinafter "ASJ"). By that order, dated 14-5-2005, the ASJ set aside two orders of the learned Metropolitan Magistrate ("the trial Court"). The trial Court, by the first order dated 25-7-2003 had allowed an application under Section 311 and summoned an additional witness. After her examination, by the second order, dated 14-5-2004, it issued an order under Section 319, Criminal Procedure Code, summoning Shri G. S. Arora, and also observed that the accused Rattan Singh appeared to have been involved in committing offences under Section 304, Indian Penal Code (IPC).

2. The facts of the case are that in execution proceedings for enforcement of a decree, warrants of attachment of movable and immovable properties of judgment-debtor Sh. Chiranjit Roy were issued by the Court of Addl. Dist. Judge. The decree-holder was G. S. Arora, respondent before this Court. The warrant of attachment was assigned to Sh. Rattan Singh, bailiff (accused hereafter referred to as A-1). A-1, met judgment-debtor Sh. Chiranjit Roy with warrants of attachment along with decree-holder, on 2-1-1995. He produced


































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