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1999 Supreme(Raj) 177

ARUN MADAN
A. N. Gupta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
V.K. Mishra, for the Appellant
Pratap Singh, Public Prosecutor, for the Respondents

Judgment

Arun Madan, J.-From the perusal of the summoned record and after hearing learned Counsel for the parties at length, prima-facie, I am of the opinion that Investigating Officer of P. 5. Sodala has not conducted the fair investigation and the Final Report which was filed by him in pursuance of the FIR dated 31-10-1991 is also beyond the scope of his powers and jurisdiction. The complainant’s story as unfolded by the FIR itself is false and baseless keeping in view the fact that Respondent No 2 Smt. Koka Devi was herself guilty of an offence by having raised unauthorized construction the front side of the wall adjoining the premises of petitioner in such a manner so as to stop the free ingress and outgress of the fresh air and light into the premises of the petitioner. The report to this effect was earlier lodged by the petitioner with the JDA Officials on 26-9-199 1 on the basis of which, the JDA Officials had inspected the site and directed Respondent No 2 to remove the “unauthorized construction and that construction was earlier demolished which was raised at the behest of Respondent No 2. Thereafter, being aggrieved by the action of JDA Officials who had carried out the d

























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