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2007 Supreme(All) 2615

K.N.OJHA
RAMDHANI PANDEY – Appellant
Versus
RAGHUNATH PANDEY – Respondent


Advocates:
DEV KANT PANDEY,

K. N. OJHA, J.

Heard Sri Dev Kant Pandey, learned Counsel for the revisionist, learned AGA and have gone through the record.

2. Instant revision has been filed against order dated 28-8-2006 passed by Sub-Divisional Magistrate, Pindara, District Varanasi, in Case No. 5 of 2006, Raghunath Pandey & Anr. v. Ramdhani Pandey, whereby proceeding under Section 145 Cr. P. C. was dropped.

3. In this case the revisionist Ramdhani Pandey and respondents Raghunath Pandey and Ram Naresh Pandey are real brothers. They are sons of Mahadeo Pandey and residents of village Karoma, police station Baragaon, District Varanasi. There being dispute of family property. The case was registered under Section 145 Cr. P. C. but after hearing the parties, it was found that division of the property had not taken place in accordance with law, therefore, proceeding under Section 145 Cr. P. C. was dropped by learned Sub-Divisional Magistrate. While dropping the proceeding it was directed to the Station Officer of police station Badagaon, District Varanasi, to have watch on the parties and their properties and if required proceedings be drawn under Section 17/116 and 116 (3) Cr. P. C.

4. The case of the revisionist i












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