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1979 Supreme(All) 644

P.N.BAKSHI
Prakash Chandra Sharma – Appellant
Versus
Kaushal Kishore – Respondent


P. N. BAKSHI, J.

( 1 ) IT appears that proceedings under Section 145, Cr. P. C, were pending between Prakash Chandra Sharma and Babuddin. On 20th Dec. , 1975, Prakash Chandra filed an application informing the Municipal Board that these proceedings were over, and the rasta in dispute had been released. This information was supplied for the purpose of obtaining sanction with respect to which an earlier application was already pending before the Municipal Board. On the same day, viz. 20th Nov. , 1975, the Municipal Board sanctioned the plan submitted by Prakash Chandra. It appears that on 11th Nov. , 1976, Babuddin filed an application and affidavit before the Officer-in-Charge of the Municipal Board that the information which was conveyed by Prakash Chandra regarding the termination of proceeding under Section 145, Cr. P. C. was false and that the same were still pending. On 6th May, 1977, a complaint was filed by the Officer-in-Charge of the Municipal Board, Bulandshahr. The accused was summoned for 2nd June, 1977. He appeared and filed an objection under Section 468 (b), Cr. P. C. on the ground that the period of limitation had already expired and the Court could not take cognizan
















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