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1975 Supreme(All) 252

H.N.KAPOOR
Chandi Prasad – Appellant
Versus
Om Prakash Kanodia – Respondent


H. N. KAPOOR, J.

( 1 ) THIS petition has been filed under Section 482, Cr. P. C. for quashing the proceedings before the Sub-Divisional Magistrate, Naugarh, district Basti under Section 145, Cr. P. C. A dispute arose in respect of the premises in which a school was being run in Baruni Bazar in the name of Amar Bal Vidya Mandir. It was being run since 1971 in the aforesaid name by the managing committee comprising of the present applicants including the pradhan of the village, namely, Chandi Prasad. The applicants claimed that the school building was constructed on banjar land belonging to the Gram Sabha. The applicants were described as the second party. The first party consisted of Balmukund Giri (now dead), Om Prakash Kanodia and Haripati Tripathi. They are now the opposite parties. They claimed that the building was constructed on the land belonging to Balmukund Giri which he had obtained on a patta thirty years back and that Balmukund Giri himself had started the school in the year 1971 and had appointed the first party as its managing body to run the school. But he felt dissatisfied and in 1974 he appointed another managing committee to run the school by means of a registered











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