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1975 Supreme(Gau) 4

D.PATHAK
SHANKARLAL SARMA (BHATRA) – Appellant
Versus
STATE OF ASSAM – Respondent


Judgement Key Points

The Gauhati High Court quashed proceedings under Section 341 IPC against the petitioner for parking his car on a common ejmali passage, blocking the complainant's garage exit. (!) (!) [14000021330001] The court held this did not constitute wrongful restraint under Section 339 IPC, as no human body was obstructed, the pathway was common to both parties, and the good faith exception for obstructing a private way applied. (!) (!) [14000021330003][14000021330006] Revision allowed. (!)


JUDGEMENT

1. This revision petition is directed for quashing the proceedings in G. R. Case No. 1718 of 1973 of the Court of Sri. R.N. Deb, Magistrate, 1st Class, Gauhati, which was started on the basis of a charge-sheet dated 10-6-1973 for the prosecution of petitioner under Section 341, Indian Penal Code.

2. The proceedings was initiated on the basis of a complaint by the opposite party No. 2 which reads as follows :-

"To

The Officer-in-Charge, Gauhati P.S.

Complainant :- Sri Narottamala Sharma.

M.S. Road, Fancy Bazar,

Gauhati.

The complainant begs to state that - We have got our own landed property at Murlidhar Sharma Road, Fancy Bazar, Gauhati and among our brothers there is one Ejmali passage. By the said ejmali passage our motor cars etc. come and go. In the interior we have got our motor garage also. The Fiat car standing in my name is inside the garage. My elder brother Shri Shankarlal Sharma has parked his car in the front by blocking the passage. My car has not been allowed to be taken out. For my urgent work it is most necessary to take out that car.

It is therefore proved that your honour will investigate into the matter immediately and after arranging for my taking out the car w








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