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1915 Supreme(All) 295

CHAMIER, PIGGOTT
Tilak Pandey – Appellant
Versus
Emperor – Respondent


JUDGMENT

1. This is an application for revision of an order of the Subordinate Judge of Gorakhpur, u/s 476 of the Code of Criminal Procedure, directing the procecution of the applicants on various charges in connection with pleadings verified, and evidence given by them, in two cases tried by the Subordinate Judge. It appears that one Musammat Mohra brought a suit to establish her right to certain property as the daughter of Shiv Narain. The applicants and others brought another suit against Musammat Mohra for possession of property, on the ground that she was not the daughter of Sheo Narain. The two cases were tried together, and the Subordinate Judge found that Miisammat Mohra was the daughter of Sheo Narain. He waited for a month probably to see whether appeals would be filed against his decision, and as soon as the month had expired he took proceedings against the applicants tinder Section 476 of the Code of Criminal Procedure. On the part of the applicants it is contended that the Subordinate Judge had no jurisdiction to take action against them a month or more after he had disposed of the cases in which the offences are alleged to have been committed. We have been referred to

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