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1987 Supreme(MP) 168

GULAB C.GUPTA
BANARAM KRIPLANI – Appellant
Versus
TRIVENILAL SHRIVASTAVA – Respondent


Advocates Appeared:
A.K.KHASKALAM, A.S.USMANI

GULAB C. GUPTA, J.

( 1 ) THIS is complainant's appeal filed by Special Leave and is directed against the judgment of acquittal, dated 10/11/1981, passed by Shri B. S. Makram, Magistrate, First Class, Raipur in Criminal Case No. 19 of 80.

( 2 ) THE appellant is a practicing Advocate and so is respondent No. 1. It is alleged that the respondent No. 1 presented an application with the signature of respondent No. 2 to the Bar Council of Madhya Pradesh, Jabalpur (Ex. p. 3), containing allegations against the appellant amounting to his defamation. Respondents No. 2 to 4 are parties in different cases pending at the Court at Gariabund. It is alleged that the complainant was engaged in most of these cases and appeared for respondent No 1. Since respondent No. 1 lost some of those cases, he felt that he should harm the prestige of appellant complainant. During the trial of Criminal Revision No. 68 of 65 and transfer petition No. 26 of 65 in the Court of Sessions Judge in which the appellant appeared and opposed the respondent No. 1. It was found that some of the documents were missing from the file and the statement of Smt. Thanwarin was tempered with. An application was, therefore, made by






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