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1936 Supreme(All) 194

ALLSOP
Kunj Behari Das – Appellant
Versus
Emperor – Respondent


ORDER

Allsop, J. - This application in revision arises out of proceedings u/s 145, Criminal P.C. The present applicants claim to be the managing committee or trustees of a certain temple. They say that the original mahanth died some time at the end of the year 1933 and that they appointed Radha Raman Das as his successor on 4th December 1933 Radha Raman Das continued to be mahanth till 28th July 1935, when he executed a document relinquishing that position. On 29th July 1935, Radha Raman Das sent a telegram to the District Magistrate and made a report to the police that he had been forcibly dispossessed. On 3rd August 1935, he made the application u/s 145, Criminal P.C., which has given rise to these proceedings. He said that he had been compelled by force to execute the deed of relinquishment. A police enquiry was then held and a report was made that there was a danger of a breach of the peace. The Magistrate called upon the parties on 31st August to put in their written statements. The written statements were filed on 2nd September. The present applicants made an application on 3rd September asking that the Magistrate should issue process to summon 12 or 13 witnesses. The Magistra

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