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1953 Supreme(All) 139

RANDHIR SINGH
Bhaggo Singh – Appellant
Versus
Sanoman Singh – Respondent


Advocates:
S.S. Chaudhari and R.N. Misra, for Applicant; S.D. Misra, for Opposite Parties (Nos. 1 to 14).

ORDER :- This is a reference by the Additional District Magistrate of Bahraich recommending that the order passed by the Sub-Divisional Magistrate, Bahraich releasing properly which had been attached in proceedings under S. 145, Cr. P.C. in favour of the opposite-party be set aside and it be ordered that the property may continue in attachment.

2. It appears that there was some dispute relating to some cultivatory land and Bhaggoo Singh made an application asking the Court to take proceedings under S. 145, Cr. P.C., against the opposite-party Sanoman Singh and others. On receipt of this application the Magistrate called for a report from the police and this report was submitted by the police on 6-9-1951. The police reported that the Opposite-party were influential people and that in the year 1939 there had been rioting for the possession of this property in which two persons had been killed. The culprits were prosecuted and were sentenced to imprisonment. The police also reported that the property should be attached as there was an apprehension of a breach of the peace if the property was not attached. On receipt of this report of the police the Magistrate ordered attachment of the










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