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1920 Supreme(All) 201

RYVES
Muhammad Sher Ali Khan – Appellant
Versus
Ghasi Ram – Respondent


JUDGMENT

Ryves, J. - On the 8th of March 1920 nine persons put in a petition before the District Magistrate of Bulandshahr, in which they asserted that Sher Ali Khan, the mukhia of the village of Mangalpur, had been guilty of various acts of oppression and was of a character generally defamatory of him. That application was enquired into by a Tahsildar under the orders of the District Magistrate and in the course of enquiry certain persons were called a witnesses and gave their evidence on oath. The result of that enquiry was on the whole favourable to Sher Ali Khan with the result that he was not removed from the mukhiaship as obviously was desired by the petitioners. Sher Ali Khan asked for sanction to prosecute two of the witnesses for statements made by them which he said were deliberately false. That application was dismissed by both the Courts below and I have refused to interfere in it to-day. This case, however, is on a different matter. In this case Sher Ali Khan filed a complaint u/s 500 of the Indian Penal Code against 16 men in the Court of a Magistrate of the First Class. That Magistrate proceeded u/s 202 of the Criminal Procedure Code and examined Sher Ali Khan. Having

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