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1979 Supreme(All) 425

P.N.BAKSHI
Mata Bhikh – Appellant
Versus
State – Respondent


P. N. BARSHI, J.

( 1 ) CASE No. 15/72 of 1967 under Section 146, Cr. P. C, between Doodhnath and Ram Lakhan, was decided by the Sub-Divisional Magistrate Gyanpur on merits. Doodhnath represented the interest of Shrimati Ram Piari. The Sub-Divisional Magistrate Gyanpur by his order dated 11th April 1968 declared Shrimati Ram Piari to be in possession over plot No. 338 situate in village Balapur Rohi, P. S. Gopiganj, district Varanasi and restrained Ram Lakhan from interfering with her possession. Ram Lakhan has died. Out of the six applicants before this Court, two are his brothers and four are his nephews.

( 2 ) IT appears that civil litigation is also pending between the parties in which the applicants have been substituted as the heirs and legal representatives of Ram Lakhan. It further appears that these applicants have obstructed Shrimati Ram Piari in exercising possessory rights over plot No. 338 with the result that a complaint was filed by the Sub-Divisional Magistrate Gyanpur for taking action against the applicants for an offence under Section 188, I. P. C. on the basis of a complaint made by Doodhnath on 10-3-1972. The trial court came to the conclusion that the offence h



















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