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1950 Supreme(All) 66

MALIK
RAM HARSH TEWARI – Appellant
Versus
REX, THROUGH RANG RAMANUJ PRASAD NARAIN SINGH – Respondent


Advocates Appeared:
B.D.GUPTA, B.S.DARBAR, P.C.Chaturvedi

( 1 ) THIS is a reference by the learned Sessions Judge of Allahabad that; the complaint against the applicants pending in the Court of the City Magistrate, Allahabad, be quashed.

( 2 ) A complaint was filed in the Court of the City Magistrate of Allahabad by Kunwar Rang ramanuj Prasad Narayan Singh against Madho Prasad Tripathi and Ram Harsh Tewari. It is alleged in this complaint that while inspecting election records in the Court of Mr. V. B. Laghate, magistrate, on behalf of Gur Prasad, who was the other candidate contesting the election, Madho prasad Tripathi Vakil added certain plus marks on the ballot paper so that the votes cast in favour of the complainant might become invalid and be rejected by the District Judge and this was done dishonestly with a view to cause loss to the complainant and their intention was to use this fabricated evidence against the complainant during the hearing of the election petition. The opposite parties filed objections that the facts stated in the complaint amounted to an offence under Section 193, Penal Code, for the trial of which a complaint by the Court under Section 196 (b), Criminal P. C. was necessary and no such complaint having been fi







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