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1999 Supreme(All) 1839

S.R.SINGH, D.R.CHAUDHARY
ABDUL RAHMAN JAFRI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Lal Bahadur, S.S.Tyagi

D. R. CHAUDHARY, J.


( 1 ) THE petitioner, Abdul Rahman Jafri, a Class III employee in the Family Court, Allahabad has instituted the present writ petition seeking issuance of writ in the nature of certiorari quashing the part of the order dated 22. 12. 1999 (Annexure-5) whereby the second respondent has ordered that the petitioner "shall be charged under Sections 161 and 165a of I. P. C. ".

( 2 ) BEFORE proceeding further, it may be mentioned here that the petition was entertained initially by a single Judge Bench but on an application moved by the complainant Dr. Lal Bahadur, the bench consisting of Honble the Chief Justice and Honble M. Katju, J. , by order dated 13. 9. 99 directed that the matter be placed before a Bench presided over by one of us (S. R. Singh. J.) and it was pursuant to the said order that the matter was listed before this Bench.

( 3 ) WE have heard Shri S. S. Tyagt for the petitioner and Government Advocate for State and Dr. Lal Bahadur, the complainant who appeared in person.

( 4 ) IT transpires from the record that a F. I. R. was lodged by Shri Surendra Pratap Mishra. Judge family Court, Allahabad, against the petitioner and four others under Sections 161 an












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