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1969 Supreme(All) 96

GYANENDRA KUMAR, S.MALIK
Rama Surat Singh – Appellant
Versus
Shiv Kumar Pandey – Respondent


Advocates:
A.D. Giri, for Applicant; R.K. Singh, for Opposite Party Nos. 2, 8 and 9; Jitendra Kumar, Addl. Govt. Advocate, for Opposite Parties.

Judgement

GYANENDRA KUMAR, J. :- By his order dated 9-5-1969, Katju, J. referred three questions to a larger Bench, arising in a contempt case. This is how the matter has come up before us.

2. The facts of the case are quite simple. The applicant, Ram Surat Singh, was posted as Tahsildar-Magistrate, 2nd Class at Kadipur, district Sultanpur between the 1st of February, 1964, and the 6th of June, 1965. He retired from service on 30-6-1966. During the period of his posting at Kadipur he decided complaint case No. 14 of 1964 Ram Samujh Pandey v. Ram Nawal Pandey, in which the accused was convicted under Section 323, I. P. C. and was sentenced to two months' R. I., on 8-1-1965. The accused preferred an appeal which was dismissed by the Sessions Judge on 5-7-1965. Ram Nawal then filed a criminal revision before the Lucknow Bench of this Court which was dismissed on 14-7-1967, but the sentence of two months' R. I. was reduced to the period already undergone. The applicant also decided another complaint case No. 150 of 1964 Ram Surat v. Ram Pratap Singh and Ram Lakhan Singh under Section 323, I. P. C. and Section 24 of the Cattle Trespass Act. By his judgment and order dated 14-12-1964 the a


























































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