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1990 Supreme(Ori) 89

K.C.JAGADEB ROY
RUSI SAHU – Appellant
Versus
DEBARAJ BISWAL – Respondent


Advocates Appeared:
J.M.Das, J.P.MISHRA, L.MOHAPATRA, P.K.MISHRA, S.K.PADHI, S.K.SWAIN

K. C. JAGADEB ROY, J.

( 1 ) THE present appellants were plaintiffs in Money Suit No. 30 of 1976 in the court of the Munsif, Bargarh and brought the suit for recovery of damages amounting to Rs. 2000 / - from Defendants 1 and 2. Their allegation was that the defendant 1 having hostility and ill-feeling to the plaintiffs caused to be implicated them in a criminal case and got them arrested by the police maliciously and they remained under arrest for two days under painful mental and physical condition. This was pursuant to a F. I. R. lodged by Defendant 1 dated 16-5-1973 against them for which a G. R. Case No. 247 of 1973 was registered in the police station and final report having been passed by the police, the case struck off by the order of the Sub-Divisional Officer dated 20-7-1973. The Defendant No. 2 again falsely implicated the plaintiffs on 1-5-1987 in an arson case and managed to get them arrested by the police maliciously and the plaintiffs were under arrest from morning till midnight with mental and physical torture. Ultimately the said F. I. R. dated 4-1-1974 by Defendant No. 2 being found to be false, the G. R. Case No. 13/74 which was started against them was struck off





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