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1977 Supreme(All) 322

S.K.KAUL
RAM LAL – Appellant
Versus
UNION OF INDIA – Respondent


S. K. KAUL, J.

The facts giving rise to this revision may be briefly stated thus : proceedings under Section 145, Cr. P. C. were taken by the Magistrate with respect to plot no. 264, situate in village Hallumajra, P. S. Fatehpur. This plot was found to be sowed with crop. The Magistrate ordered attachment of the crop. The crop was given to the supurdagi of the present revisionists. Both parties filed their respective written statements alleging their possession. The crop was estimeted by the police to be of Rs. 1725/ -. Later on, the supurdagars were allowed to harvest the crop and deposit the amount. On the next date, the supurdagars were restrained from harvesting the crop till further orders. The supurdagars then requested for expenses. Ultimately, they moved an application on 20th April, 1972, that the opposite parties and others had committed theft of the crop in between the night of 17th and 18th April, 1972. A report under Section 379 I. P. C. was also lodged by them. A report from the police was called for. The police, however, did not find any case of theft having been made out and submitted a final report. The Magistrate then called upon the supurdagars to deposit the amo






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