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1951 Supreme(All) 129

DESAI
JASWANT – Appellant
Versus
STATE – Respondent


Advocates Appeared:
G.Kumar, H.N.SETH

DESAI, J.


( 1 ) IN proceedings under Section 145, Criminal P. C. , between Niranjan Singh on one side and the applicants and others on the other side, it was held by the Court under Section 145 (6) that niranjan Singh was in possession and the Court passed an order prohibiting the applicants and their companions from interfering with his possession. Inspite of this order, the applicants forcibly took possession of the land. The order was passed by a Sub-divisional Magistrate. When the applicants took forcible possession of the land Niranjan Singh protested, but he was threatened and his witnesses induced him to leave the spot. Niranjan Singh then approached the additional District Magistrate and asked him to make a complaint against the applicants under sections 188 and 447, Penal Code. The Additional District Magistrate filed a complaint against the applicants under those sections and they were prosecuted and have been convicted under section 188, Penal Code. They now come up in revision against their conviction.

( 2 ) IT was contended that there is no evidence to prove that the act done by the applicants caused annoyance. An offence under Section 188 is committed when an order la












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