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2003 Supreme(All) 2685

UMESHWAR PANDEY
GULABCHAND – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
GHANSHYAM JOSHI, J.J.MUNIR, P.K.YADAV

UMESHWAR PANDEY, J.

( 1 ) REVISIONIST Gulab Chandra has approached the Court under Section 397 read with Section 401 of the Code of Criminal Procedure (for short the code) assailing the order dated 13-2-1996 passed by the ii Additional Sessions Judge, Aligarh.

( 2 ) THE revisionist moved the Sub Divisional Magistrate oncerned through application dated 11-4-1994 for initiating proceedings under Section 145 of the Code in respect of a building raised on a peace of land stating that there was likelihood of breach of peace on the dispute of possession over the building between him and the opposite party Smt. Ashok Kumari. A report from the police, on the said application was called by the Magistrate and the police in its report dated 15-6-1994 gave out that there were four rooms in the building under the residential occupation of opposite party smt. Ashok Kumari. Gulab Chand claims to have purchased it from Satya Dev father of Smt. Ashok Kumarion 26-7-1993. On this report, the Magistrate passed the preliminary order under Section 145 (1) of the Code on 26-7-1993 and Smt. Ashok Kumari was called upon to submit her written statement which was actually submitted on 10-10-1994 stating that





















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