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1955 Supreme(J&K) 3

M.A.SHAHMIRI, JANKI NATH WAZIR
Partap Chand – Appellant
Versus
L. Behari Lal – Respondent


Advocates Appeared:
Advocate For Appellant: Ram Nath Bhalgotra
Advocate For Respondent: Lok Nath Sharma

SHAHMIRI J.:

This is a revision application directed against an order of the Additional District Magistrate, Jammu, by which he gave his consent to the Public Prosecutor withdrawing from the prosecution in a case originally instituted as a private complaint by the applicant against the three non- applicants, discharged the, non-applicants, and dismissed the complaint.

(2) We have heard counsel for the parties. The case is an offshoot of the Praja Parishad agitation 1952-53. Partapchand, applicant, had brought a complaint under S. 395, R. P. C., against Behari Lal, the then Special Tehsildar, Akhnur, Manohar Lal, the Sub Inspector of police and Basanti Ram Constable Jurian. The complaint was instituted on the 12th of Bhadon 2010. It was alleged there in that in Magh 2009, i. e., more than seven months before the institution of the complaint, the accused non-applicants had raided the house of the applicant and not finding anybody there had demolished1 the house and removed property worth Rs. 7500/-therefrom. It appears that the police had also instituted some cases against the complainant. On the 21st of Phagan 2010, the Public Prosecutor Jammu appeared in the Court of the Additional
















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