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1991 Supreme(All) 186

B.P.SINGH
GHANASHYAM DASS GUPTA – Appellant
Versus
SUB DIVISINAL MAGISTRATE – Respondent


Advocates Appeared:
N.N.Singh, S.C.TRIPATHI, SHANKATHA RAI,

B. P. SINGH, J.

The petitioners have filed this petition under Section 482 Cr, P. C. for quashihg the impugned order dated 24th December, 1990 passed by Sub-Divisional Magistrate. Mirzapur in a case under Section 145, Cr. P. C. Arvind Kumar & Anr. v. Ghanshyam Das & Ors. The petitioners and respon dents No. 2 to 4 ate members of the same family. Formerly the family of the parties was joint. Some dispute arose as a result of which the family property was partitioned by Bhishm Prasad Gupta amongst the family members. In the said family partition the property known as Thakur Engineering Works Pvt. Ltd. along with buildings and machines situate in Kachwa Bazar, district Mirzapur and house and land situate in Kachwa Bazar fell to the share of the petitioners. Plot No, 2222 situate in village Mudali, district Varanasi and some other property fell to the share of Dina Nath Gupta, respondent No. 4. The parties were put in separate possession of the said property which fell to their respective shares of the family partition. In a suit No. 447 of 1990. which was filed by Dina Nath Gupta, respondent No. 4 against Bhishm Prasad Gupta and others in the court of Civil Judge, Varanasi, Dina Nath
















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