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1988 Supreme(Raj) 74

NAVIN CHANDRA SHARMA
Ramnarain – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
H.S. S. Kharelia for Applicant Ramnarain; R.N. Bishnoi, & B. R. Bishnoi for Petitioners Hetram and others; N.P. Gupta for Mangilal Applicant; P.R. Choudhary Public Prosecutor, for Opposite party.

N.C. SHARMA, J.—This Order will decide three Criminal Miscellaneous Petitions nos. 190 of 1987, 5 of 1987 and 145 of 1986 filed before this Court under section 482 Cr. P. C. by a common order as the same question of law comes for consideration in all these three petitions.

2. Facts leading to the filing of Criminal Miscellaneous Petition No. 190 of 1987 are that on June 6, 1981 Roop Singh son of Mukhtiar Singh had filed a criminal complaint in the court of Judicial Magistrate No. 2, Hanumangarh against Kulwant Singh, Ram Narain and Harmit Singh complaining of the commission of offences under sections 420, 467, 468, 471, 166, 167 and 120B I.P.C. It was alleged by Roop Singh in his complaint that he was Khatedar tenant of agricultural land in chak No. 27 PTP, Sq No. 24 and comprised in killa Nos. 1 to 19 and in Sq. No. 24, Killas Nos. 14 and 15, measuring in all 20 Bighas 10 Biswas (nahari), and he was in its peaceful possession. It was mentioned that Kulwantsingh and his deceased brother Raghuveersingh held agricultural land in their Khatedari in chak No. 28 AMP measuring 3 Bigha and in chak No. 25 PTP measuring 16 Bighas, in all 19 Bighas, over which Kulwantsingh and his deceased br















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