B.M.GUPTA
Ram Babu Jakheniya – Appellant
Versus
Purushottam Shrimali – Respondent
1. All the four petitions are arising out of one case and having identical question of law, hence, with the consent of the parties they are heard together and are being disposed of by this common order. During the course of arguments there appears no dispute between the parties on the following relevant factual aspects :
(A) That respondent No.1 Purushottam Shrimali has filed one complaint dated 17.7.1996 against following 6 persons :
1. Akhlendu Arjariya, Commissioner, Municipal Corporation, Gwalior.
2. Mathuresh Babu Ojha, Additional District Magistrate, Gwalior.
3. Rambabu Jakheniya, Divisional Fire Officer and In-charge of Encroachment Squad, Municipal Corporation, Gwalior.
4. Surendra Singh Bhadauria, Revenue and Property Tax Officer, Municipal Corporation, Gwalior.
5. Surendrachandra Barua, Inspector of Encroachment Squad, Municipal Corporation, Gwalior.
6. Abdul Hameed Siddiki, Assistant In-charge of Encroachment Squad, Municipal Corporation, Gwalior.
as accused including (1) Akhlendu Arjariya, (2) Mathuresh Babu Ojha, (3) Rambabu Jakheniya and (4) Surendra Singh Bahdauria, the present four petitioners. The relevant extracts of the complaint is as under :
1- ---- lHkh vfHk;qDr v
1. Banarsi Das and another v. Ram Krishna and others = [AIR 1995 M.P. 147]
4. Raghav Chandra v. Trivendra Kaur = [2003(1) MPHT 151]
5. Prakash Singh Badal and another v. State of Punjab and others
6. Suresh Chand Jain v. Shri Mahendra Kumar Bhadkaria = [1997 (II) MPWN 234]
7. Gajraj Singh Rawat v. State of M.P. = [1987(1) MPWN 253]
8. Bhaskar Datta Mishra v. State of M.P. = [1987(1) MPWN 173]
9. D.R. Longre and others v. State of M.P. = [2002(1) MPHT 421]
2. Rakesh Kumar Mishra v. State of Bihar = [(2006)1 SCC 557]
3. Sankaran Moitra v. Sadhana Das and another = [(2006)4 SCC 584]
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