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1958 Supreme(All) 6

RANDHIR SINGH, V.D.BHARGAVA
BABU RAM UPADHYA – Appellant
Versus
UTTAR PRADESH GOVERNMENT – Respondent


Advocates Appeared:
Harish Chandra, NIAMATULLAH

RANDHIR SINGH, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India for the quashing of an order of dismissal passed by opposite-party No. 2 and subsequently confirmed by opposite parties Nos. 3 and 1.

( 2 ) IT appears that the applicant was a Sub-Inspector of Police appointed in December, 1948. In june, 1953, he happened to be posted at Sitapur. On 6-9-1953 the applicant was returning from a village known as Madhwapur where he had gone in connection with the investigation of a theft case when he saw a person who was subsequently found to be Tika Ram coming from, the side of a canal and going hurriedly towards a field. The movements of Tika Ram roused some suspicion in the mind of the applicant. One Lalji, an ex-patwari also happened to be with the sub-Inspector at that time. Tika Ram was called and it was found that he was carrying something in the folds of his Dhoti which he was trying to hide with his hand. The applicant asked him to produce the Potli which tika Ram had and on examination it was found to contain currency notes. They were examined by the applicant and were counted by him and Lalji the ex-patwari. The notes were subsequently returned by Lalji








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