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1986 Supreme(Raj) 387

KANTA BHATNAGAR
Sheopat Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:H.S. Sidhu, Advocate.
For the Non-Petitioner No. 2:M.L. Garg, Advocate.
For the Respondent: Miss Sumitra Sankha, Public Prosecutor.

JUDGMENT

1. - On September 10, 1982 petitioner Sheopatram filed a complaint in the Court of Judicial Magistrate No. 2, Hanumangarh against non-petitioner No. 2 Omprakash and five others Under Section s 379, 447 and 147 IPC with the allegations that they had gone to his 'Nohra' and illegally dismantled his 'nohra' on September 9, 1982. That, some of his articles were taken away by the aforesaid persons and some articles were still lying there. That when he had gone to the Police to lodge a complaint against Sheopat Ram and others six persons mentioned in the complaint went to his 'nohra' and forcibly took away the remaining articles mentioned in para 4 of the complaint. The petitioner supported the contention of the complaint by examining himself and witnesses Daulat Singh, Gurucharan Singh and Madan Lal. The learned Magistrate by the order dated October 5, 1982 took cognizance against Om Prakash and five others named in the complaint, Under Section s 379 and 447 IPC.

2. Om Prakash, feeling aggrieved by the aforesaid order of the learned Magistrate filed revision petition. The learned Additional Sessions Judge, Sri Ganganagar by the order October 18, 1984 allowed the revision petitio











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