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2000 Supreme(Ori) 582

P.K.TRIPATHY
PRADIPTA KUMAR SAHANI ` BULU – Appellant
Versus
IGNACE MAJHI – Respondent


Advocates Appeared:
R.N. Panigrahi, D. Panigrahi and S. Acharya, for the Appellant; B.K. Behura and Namita Chakravarty, for the Respondent

JUDGMENT :

P.K. Tripathy, J. - In this application u/s 482, Code of Criminal Procedure Petitioners,who are the accused persons in I.C.C. No. 13/93 of the Court of S.D.J.M., Sundargarh pray to quash the order of cognizance by setting aside the order dated 23-2-1995.

2. This litigation has a chequered career and few relevant facts are stated below.

14780 of 1999 and O.J.C. Nos. 173, 211, 247, 463, 689, 712, 724, 1243, 1656, 1694, 1872 and 2639 of 2000 Complainant filed the complaint petition on 23-2-93, alleging commission of the offences under Sections 352/427/447/ 500/504/506/34, I.P.C. by the Petitioners. The substance of the complainant's allegation is that there is a big patch of Government land which situates adjoining the premises of the parties and their neighbours. Another house and premises situate between the premises of the opposite party and the Petitioners. Almost all such premises holder have encroached upon and amalgamated the strip of Government land adjoining their premises. The owner of the house which situates between the houses and premises of the parties, however, did not occupy the strip of Government land behind his house and the opposite party occupied the same.












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