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1951 Supreme(All) 152

MALIK, BIND BASNI PRASAD
BAIJ NATH PRASAD – Appellant
Versus
MADAN MOHAN DAS – Respondent


Advocates Appeared:
AMBIKA PRASAD, Jagdish Sahay, RAMA, S.C.KHARE

MALIK, CJ.

( 1 ) THIS is an application filed by one Baijnath Prasad that proceedings for contempt of Court be taken against the opposite-party, Madan Mohan Das who is an Honorary Magistrate in Chunar. Madan Mohan Das made two reports in the police station Chunar against Baijnath Prasad and others on 26-2 and 27-2-1950, and allegations were made that Baijnath Prasad and others were guilty of offences under Sections 332/ 353, Penal Code, and that action be taken against them under Section 107/117, Criminal P. C. The Station Officer made enquiries and on 13-4-1950, he reported to the Sub-Divisional Magistrate that the persons mentioned in the reports should be proceeded against. This challan does not appear to have reached the Court of the Magistrate and wa3 probably lost in transit. After waiting for some time, the opposite party wrote a letter to the magistrate on 9-6-1950, to which exception has been taken by the applicant. In this letter the applicant set out the facts and then said; "i request that suitable steps be taken on the recommendation of the S. O. Chunar and if it cannot be traced a copy of the same may kindly be had from him and necessary steps taken thereon. " the las






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