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1962 Supreme(All) 129

B.N.NIGAM, R.A.MISRA
KANIZ FATIMA BIBI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
MOHD.HUSSAIN, R.B.Bisaria, S.M.YOUSUF

NIGAM, J.


( 1 ) ON 31st May, 1960 Station Officer Nasirabad, district Rae Bareli submitted a report to the sub-Divisional Magistrate Saion reporting that as usual the Urs fair was to be held from 1-6-1960 to 6-6-1960 at the Dargah Sharif situate at Jais, police station Nasirabad and that there was an apprehension of a breach of the peace in regard to the offerings made at the Dargah in connection with this Urs. This report for action under Section 145 of the Code at Criminal procedure was submitted to the Sub-Divisional Magistrate, who, on perusing the report, was satisfied of the existence of an apprehension of a breach of the peace and passed an order under section 145 (1) of the Code of Criminal Procedure on 2-6-1960. in view of the emergency, the learned Sub-Divisional Magistral" further directed that the said Dargah Sharif along with cash, sweets and other offerings be attached and placed in the custody of five reliable persons who were directed to keep accounts of tna property and the donations received at the Urs.

( 2 ) THIS order was complied with on 3rd June, 1960 and the attachment was made in the presence of the parties concerned and persons named in the attachment repor



































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