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1977 Supreme(Online)(All) 10

ALLAHABAD HIGH COURT
, J
Mangal v. State of U.P.


1. By this application under S. 482, Cr. P. C. Mangal and four others pray that the proceedings initiated against them under S.133, Cr. P. C. and the conditional order passed thereon dated 11th May, 1.976 as also the direction issued under S. 142, Cr. P. C. on 15th May, 1976 be quashed.

2. One Babu Ram filed an application in the court or Sub-divisional Magistrate. Sikandrabad on 10th May, 1976 praying that proceeding under S. 133, Cr. P. C. be taken against the applicants who had made certain encroachment on the public way. Babu Ram put in another application under S.142 Cr. P. c. mentioning that despite protest Mangal and others were continuing to make further construction and that they should be restrained from doing so. On both these applications the sub-divisional Magistrate made an order on 11th May, 1976 which read thus: -
"Seen the papers and the affidavit produced before me. Issue conditional order u/s. 133, Cr. P. C. and injunction order u/s. 142 Cr. P. C."
In pursuance of this order following notice under the signature of Link Officer was drawn up: -
"Whereas an inquiry into the conditional order issued by me today is pending and it had been made to appear to me that you M








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