Himachal Pradesh Court August 1975 Judgments
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Pritam and anr. Vs. Durga Singh and ors.
Court: Himachal Pradesh
Decided on: Aug-12-1975
Reported in: 1976CriLJ91
ORDERD.B. Lal, J.1. This is a petition under Section 482 of the Criminal Procedure Code and is directed against the order of the Magistrate presumably under Section 146 of that Code in a proceeding under Section 145 whereby a plot of land has been attached and a Receiver appointed for the standing crop of potato and wheat. The dispute arises in this way. Durga Singh and five others were complainants under Section 145 and they stated that they were tenants from one Sudhuru widow of Daulat Ram over land comprising 51 bigihas. 16 biswas situate in Chak Koti, Tehsil Theog. According to them they had sown wheat and potato crop on this land. Pritam and Tulsi Ram present petitioners were stated to be usurping their possession and as such there was apprehension of breach of peace. The usual police enquiry was made and the learned Magistrate having been satisfied that a dispute likely to cause a breach of the peace existed concerning the aforesaid land, made the preliminary order on 17th May, 1...
G.S. Shekhar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-12-1975
Reported in: 1976CriLJ95
ORDERD.B. Lal, J.1. This is a -petition by G. S. Shekhar. Horticultural Officer, under Section 561-A of the Criminal Procedure Code for expugning certain remarks against him in the judgment dated 15tih June, 1970 of the Magistrate First Class, Mahasu. It is alleged, that a criminal case was instituted against one R. S. Rana, Horticultural Officer, for having committed offences relating to his T, A. bill and which were classified under Sections 420. 468, 471 and 511 of the I- P. Code. In short, the allegation was that Shri Rana travelled on a Government jeep HIM-4170 between Jeori and Peo while on transfer from Mashobri to Sharbo, but charged travelling allowance as if he travelled on foot. It was also stated that he forged certain receipts of goods transported at that occasion. The petitioner G. S. Shekhar was produced as P- W- 13 and the learned Magistrate has disbelieved him and has made certain remarks in the judgment which are to the effect that he is a 'liar' or 'untruthful witnes...
C.D. Katoch and anr. Vs. Sant Pal
Court: Himachal Pradesh
Decided on: Aug-07-1975
Reported in: 1976CriLJ214
ORDERD.B. Lal, J.1. This petition in revision has been brought from the order of the Chief Judicial Magistrate, Kulu, dated 13-6-1973 summoning the two accused Shri C. D. Katoch, I. F. S. Assistant Conservator of Forests, Kulu and Shri Dina Nath, Deputy Forest Ranger, Kulu to stand a trial under Section 379 of the Indian Penal Code. A complaint was filed by Shri Sant Pal and the allegations were that these two accused removed his sleepers on 2-6-1973 which were stacked opposite Naggar Castle. It was stated that Sant Pal had obtained a few forest trees and had converted them into Sleepers which lying stacked and despite resistance by his son Ashwani Pal the two accused removed these sleepers. In the complaint two offences were pointed out under Sections 380 and 500 of the Indian Penal Code.2. The learned Magistrate took cognizance of the case and recorded the statements of the complainant and his son Ashwani Pal as well us of few other witnesses. Ashwani Pal, however, stated that the sl...
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