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1984 Supreme(MP) 277

K.K.ADHIKARI
KUMAR OBERAI – Appellant
Versus
STATE OF M. P. – Respondent


K. K. ADHIKARI, J.

( 1 ) THIS revision is directed against the order dated 11-2-1984 whereby the trial court allowed the application made on behalf of the prosecution, under sections 207 read with section 311 of the Criminal Procedure Code, 1973 for recalling the complainant, Rajkumar Khatri (P. W. 1) who has in his testimony deposed that prior to lodging of the first information report at the police station Gorakhpur he had given a written report about the incident at the aforesaid Police Station stating there in the names of the process server and the other persons present on the spot during the incident.

( 2 ) SHORTLY stated, the facts of the case are that the complainant, Raj Kumar khatri (P. W. 1) had obtained a decree of eviction against the accused Kumar Oberai who was residing as a tenant in his house. It further appears that on 14-10-1981 in the morning, the process server went to the spot to deliver possession of the tenanted premises to the complainant/land-lord. The complainant went along with the process-server and others to take the possession. The accused resisted to delivery possession during which abuses were hurled and it is alleged that the accused caused injurie








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