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1997 Supreme(All) 965

S.K.PHAUJDAR
SANGAM KUMAR – Appellant
Versus
SUB-DIVISIONAL MAGISTRATE,robertsganj – Respondent


Advocates Appeared:
S.K.SINGH, S.P.SINGH, V.K.SINGH

S. K. PHAUJDAR, J.


( 1 ) THROUGH this application under Section 482 Cr. P. C. the applicant has prayed for quashing two orders of the respondent No. 1 dated 28-7-1977. These orders were passed in purporting exercise of the power of the Magistrate under Section 145 Cr. P. C. as per Annexures 7 and 8 to the affidavit in relation to Case No. 11 of 1997 between Chameli Devi and Sangam Kumar.

( 2 ) THE husband of Chameli Devi made a report to the District Magistrate, Sonbhadra, in his capacity as member of Human Rights Commission on 28-7-1997. This report was forwarded to the Sub-Divisional Magistrate, Robertsganj and thereupon the impugned orders were passed.

( 3 ) IT was stated in this application that a shop in the main market of Robertsganj was under the ownership and possession of Chameli Devi through her son and through a tenant in another portion. On 25-7-1997 about 3 p. m. when the son of the applicant and said tenant were away to their houses for mid-day meals and the shops were lying closed, Naib Tahsildar of Robertsganj with police help and with the respondent Sangam Lal (at times named as Sangam Kumar) broke open the lock of the shop and removed valuables therefrom. When the

















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