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1966 Supreme(All) 116

D.P.UNIYAL
Ram Nath – Appellant
Versus
Salig Ram Sharma – Respondent


Advocates:
T. Rathore, for Applicant; A.G.A., for Opp. Party.

Judgement

ORDER :- These two connected revisions are directed against the judgment of the Sessions Judge, Jaunpur, upholding an order of the Magistrate dismissing the complaint filed by the applicants on the ground that sanction to prosecute the accused under section 197 Cr. P. C. had not been obtained.

2. There was an incident on the 19th October, 1963 in the town of Jaunpur in the course of which some students and members of the staff of a local college raided the railway station, looted it and damaged its property. In that connection several students, teachers and other persons were arrested on 20-10-1963 and taken to police station for interrogation. It was alleged that the applicants were arrested on the 20th October 1963 and were kept under detention at the police station till 8 p.m. During this period the Station Officer asked them to make a statement against the Principal of the College which they refused to do. Then at 2 p.m. on 21-10-1963 the Deputy Superintendent of Police arrived there and enquired whether the applicants had made a statement. When he was informed that they were unwilling to do so the Dy. S. P. assaulted them with fists and kicks, as well as with a gupti (










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