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1966 Supreme(All) 367

D. P. UNIYAL
Sarupa – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
N.D. Ojha, Advocate, for the Appellants; G.P. Bhargava and A.N. Bhargava, Advocates, For the Respondents

JUDGMENT

D.P. Uniyal , J. - This reference has been made by the Sessions Judge of Rampur recommending that the order passed by the Magistrate on 16-9-1964 directing delivery of certain plots to Dhumi Khan and one Smt. Samia be quashed.

2. One Dhumi Khan applied for proceedings under Sec. 145, Cr. P. C. against six persons on the allegation that they were trying to interfere with his possession over certain agricultural plots. It is no longer in controversy that each of the six parties claimed to be in possession of separate parcels of land in their own right independently of each other. Before the Magistrate an objection was raised that the proceedings under Sec. 145 were misconceived and that the case ought to be thrown out on the ground of multifariousness. Without deciding the objection so raised the Magistrate referred the dispute to the Munsif who held that Dhumi Khan was in possession of all the plots except two, the latter of which were found to be in possession of one Smt. Samia.

3. Mr. Ojha, learned counsel for the applicants, has supported the reference made by the Sessions Judge. He contends that the proceedings initiated in this case were wholly bad and had caused seriou

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