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1959 Supreme(MP) 104

SHIV DAYAL SHRIVASTAVA
DHAPU – Appellant
Versus
PURI LAL – Respondent


Advocates Appeared:
Anand Bihari Mishra, P.L.DUBEY

SHIV DAYAL SHRIVASTAVA, J.

( 1 ) THIS is a petition under Section 56ia of the Code of Criminal Procedure praying that proceedings under Section 552 of that Code pending before the District magistrate Shajapur be quashed.

( 2 ) NON-PETITIONER No. 1 Puranlal made an application to the District Magistrate on 29th January, 19. 57 complaining thai his daughter Dhapubai (who was impleaded as non-peti-tioner No. 1 in that application) was unlawfully detained for unlawful purpose by non-petitioners 2 and 3 who are respectively her husband and fatherin-law. The unlawful detention alleged was that non-petitioner No. 1 had come to petitioner No. 3, who attempted to take undue liberties with her on several occasions. On 26-1-1957 when the petitioner had been out and Dhapubai was alone in his house, non-petitioners 2 and 3 aided by 5 or 6 men, came to the house armed with weapons and look her away forcibly and were detaining her. The unlawful purpose alleged was that non-petitioner No. 3 had indention to commit illicit intercourse with Dhapubai.

( 3 ) THIS petition was supported by an affidavit which was almost an identical copy of the petition. On the receipt of that petition the District Magi






















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