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1983 Supreme(All) 107

K.N.MISRA
Rang Bahadur Singh – Appellant
Versus
Kapil Deo – Respondent


Advocates:
Advocate Appeared:
M.R.Mishra

Judgment

K.N.Misra, J.

1. This criminal revision under section 397 of the Code of Criminal Procedure is directed against the judgment and order dated 30th July, 1982, passed by Sri R. P. Pandaya,, Sessions Judge, Sultanpur arising out of proceedings under Section 145, Code of Criminal Procedure. Briefly stated, the facts of the case are as follows.

2. There arose a dispute with regard to chak Nos.13 and 225, situate in village Meopur Barchauli, district Sultanpur. Kapil Deo, Rishi Oev and Paras Nath, opposite parties Nos.1 to 3, who had purchased the aforesaid chaks through registered sale deed dated 8-12-1977 from Vijai Bahadur and Ajai Bahadur, moved an application under Section 145, Code of Criminal Procedure before the Sub-Divisional Magistrate. On being satisfied regarding existence of apprehension of breach of peace, the learned Magistrate passed preliminary order dated 8-3-1979. The crops standing on the said chak-land was also attached and given in the Supurdigi of the Supurdgar. It appears that by order dated 17th March, 1981, Sub-Divisional Magistrate stayed the proceedings holding that there is not apprehension of breach of peace. Against that order revision was filed by o













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