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1958 Supreme(All) 298

A. N. MULLA
Jagpal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
S. Kalbe Mustafa, Advocate, for the Applicants; D.N. Jha, Advocate, for the State

JUDGMENT

A.N. Mulla, J. - This is an application of criminal revision filed on behalf of Jagpal Singh, Balbhaddra Singh, Bansu Singh and Lallu. The applicants are being prosecuted under Sec. 188, I. P. Code for disobeying the express direction given to them by the Sub-Divisional Magistrate, Maharajganj, to abstain from interfering with the possession of Mohan Pasi over plot No. 667|2B in village Osah, pargana Hardoi, Tahsil Maharajganj, district Rae Bareli.

2. It may be mentioned that Mohan Pasi had filed an application under Sec. 145, Cr. P. C. before the Sub-Divisional Magistrate, Maharajganj, with respect to the said plot and on the 26th of February, 1952, the Magistrate passed an order under Sec. 145 (6), Cr. P. Code declaring that Mohan Pasi was in possession should not be disturbed by the applicants till he is evicted by an order of the civil court. It appears that inspite of his order the applicants took wrongful possession of the disputed plot and so they were prosecuted under Sec. 188, I. P. Code as mentioned above.

3. The only ground pressed before me by the counsel for the applicants is that Sec. 188, I. P. Code does not apply to an order passed by a Magistrate under Sec.

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