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1977 Supreme(Online)(All) 10

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


Table of Content
1. initiation of proceedings under s. 133, cr. p. c. regarding unlawful obstruction. (Para 1 , 2)
2. legal arguments concerning the validity of the orders issued by the magistrate. (Para 3 , 4 , 5)
3. judicial requirement for proper issuance of injunction under s. 142, cr. p. c. (Para 6 , 7 , 8)
4. final ruling allowing the application and quashing previous orders. (Para 9)

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











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