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1953 Supreme(Raj) 8

DAVE
Ramsukh – Appellant
Versus
State – Respondent


Advocates Appeared:
Not available

Dave, J. —This reference arises out of proceedings started under s. 145 of; the Criminal Procedure Code on a police report dated the 14th August, 1947. The report was to the effect that there was a dispute concerning 48 bighas of kham land known as Chejarwari situated in Nawalgarh between two parties consisting of Ram Sukh and his sons, Bhola, Kalia and Narain on the one hand and Jhabar, Hanuman, Har Dave and Ganpat on the other. It was alleged that the dispute regarding the said land was continuing between the parties for a long time, that the matter had aggravated and there was likelihood of a breach of the peace, and, therefore proceedings under sec. 145 of the Criminal Procedure Code should be taken out. The proceedings were commenced in the court of the Nazim and were later continued in the court of the Sub-Divisional Magistrate, Jhunjhunu. The property which was the subject matter of dispute was attached by the court. Both the parties produced their evidence and the case protracted for an unusually long time. Ultimately, on the 29th of August, 1952, the Sub-Divisional Magistrate passed an order that no dispute existed between the parties and he dropped the proceedings under,














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