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1987 Supreme(All) 364

B.L.YADAV
SYED ASADULLAH KAZMI – Appellant
Versus
ADDITIONAL MAGISTRATE AND ANOTHER – Respondent


Advocates Appeared:
Sadhana Srivastava, VINEET SARAN

B. L. YADAV, J.

( 1 ) THIS is an application under section 340 (1) of the Code of Criminal Procedure 1973 (for short the Code) on behalf of Smt. Khatoon Jannat Bibi, the respondent No. 2 in Civil Misc. Writ Petition No. 4109 of 1985, Syed Asadullah Kazmi v. Additional Distt Magistrate D. D. C. Allahabad, (for short the petition) for recording a finding that it is expedient in the interest of Justice that an enquiry be made against the petitioner as he has committed the offence under section 209/ 192/ 196/ 193/ 199 IPC by filing false affidavit and concealing material facts in the petition.

( 2 ) FACTS of the case so far as they are material lie in a narrow compass and they are these. The petition was filed against order dated 20-3-85 passed by Additional Collector! Dy. Director of Consolidation Allahabad rejecting an application dated 16-3-85 (Annexure 1 to the petition) filed by petitioner alleging therein that Sri L. B. Tewari was appointed as Additional Collector of the Allahabad District by the State Government to exercise the powers of the Additional Collector as provided under the U. P. Land Revenue Act 1901 and has nothing to do with the exercise of powers and duties of the












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