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1957 Supreme(All) 223

RAGHUBAR DAYAL
GYANENDRA NATH MITTAL – Appellant
Versus
DAMODHAR BHATT – Respondent


Advocates Appeared:
S.C.Asthna, S.C.KHARE

RAGHUBAR DAYAL, J.


( 1 ) THIS is a revision by Gyanendra Nath Mittal against the dismissal of his complaint under sections 456 and 504,. P. C. , against Sri Damodar Bhatt, District Medical Officer of Health, pauri, on the ground that it was not maintainable for want of sanction under Section 197, Cr. P. C.

( 2 ) THE opposite party was the District Medical Officer of Health at Paur. Under a notification of the local Government all Medical Officers of Health were appointed ex officio Inspectors for the purpose of inspection of retail shops in their respective jurisdiction. The applicant held a licence for the sale of drugs other than poisonous upto 7-8-1953 when it was cancelled by the opposite party. It is alleged that on 21-8-1953, Dr. Bhatt entered the house of the applicant for the purpose of searching it in spite of the protest of the applicant and abused him during the course of the search. The applicant filed the complaint against Dr. Bhatt with respect to committing the offences under Sections 456 and 504,. P. C.

( 3 ) THREE points have been raised for the applicant. The first is that the notification appointing the district Medical Officers of Health ex officio Inspectors un













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