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1990 Supreme(MP) 191

GULAB C.GUPTA
T. PARATHASARATHY – Appellant
Versus
MADHU SANGAL – Respondent


Advocates Appeared:
ANUP CHOUDHARY, H.S.DUBEY

GULAB C. GUPTA, J.

( 1 ) THE applicants, who are officers of the Cantonment Boad, Jabalpur, (hereinafter referred to as the Board) a statutory authority constituted under the provisions of the Cantonments Act, 1924 (hereinafter referred to as the Act), feel aggrieved by issue of process against them by the Chief Judicial Magistrate, Jabalpur by Order dated 2-6-1989 passed in Criminal Case No. 2887/89 and pray for quashing those proceedings by filing this application under Section 482, Cr. P. C.

( 2 ) THIS order shall also govern disposal of Misc. Cr. , Case No. 2334/ 89 wherein a similar process has been issued by the same learned Magistrate by his order dated 16-6-1989, in Criminal Case No. 2963/89. The non-applicant, in these cases, are husband and wife and the dispute between the parties is about house No. 8, Theatre Road, Cantonment, Jabalpur, which is admittedly owned by Shri R. P. Sangal, the non-applicant in the other case and the husband of the non-applicant in this case.

( 3 ) IT appears that Shri Sangal wanted to construct a shopping complex in the compound of aforesaid bungalow and hence applied for sanction of the Board under Section 179 of the Act on 22-12-1986 and subm













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