Madhya Pradesh Court June 1973 Judgments
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The State of Madhya Pradesh Vs. Badgaiya and ors.
Court: Madhya Pradesh
Decided on: Jun-25-1973
Reported in: 1974CriLJ1517; 1974MPLJ471
S.M.N. Raina, J.1. This is a reference under Section 438 of the code of Criminal Procedure arising out of proceedings under' Section 145 of the Code of Criminal Procedure.2. On 1.7.1963 Dukhni (Patty No. 1) filed an application before the Sub-Divisional Magistrate, Sohagpur, under Section 145 of the Code of Criminal Procedure. The case of party No. 1 is that lands in dispute belong to her and she was in possession thereof. Two days before the filing of the application party No. 2 dispossessed her. On receiving the application the Sub.-Divisional Magistrate sent it for police inquiry and report. On receipt of the police-report, the Sub-.Divisional Magistrate passed a preliminary order on 2-9-1968. After holding due enquiry into the dispute final order was passed on 3-4-1969 in favour of party No. 1 directing that party No. 1 be put in possession of the land in dispute. Party No. 2 was directed not to interfere with the possession of Party No. 1. Being aggrieved by this order party No. 2...
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