GAJRAJ SINGH Vs. RUPNARAIN

JUDGEMENT

(1.) THIS is a criminal reference by the Additional District Magistrate of Alwar.

(2.) INDER Singh filed a complaint against Rupnarain and 5 others on the 26th of August, 1953, in the Court of the Sub-Divisional Magistrate,rajgarh, with the allegations that the complainant was in possession of land Khasra No. 93/23-4 in village Khoharpuri, and that the accused persons on the 10th of July, 1953, wrongfully and with the use of force dispossessed him. The complaint was transferred by the Sub-Divisional Magistrate to the second Extra Magistrate First Class, Alwar On a number of days which were fixed by the learned Magistrate from time to time the evidence of the complainant was recorded and 16th of March, 1954, was fixed for the remaining witnesses of the complainant on which date the complainant failed to appear and his son appeared in his place and filed an application that INDER Singh, his father, had died on 20th February, 1954, and that his name be substituted in his place and the proceedings continued. The learned Magistrate did not allow the request of INDER Singh's son for bringing him on the record and dismissed the complaint under sec. 247 of the Criminal Procedure Code. Gajraj Singh son of INDER Singh then went to the court of the Additional District Magistrate, Alwar, who has made this reference through the Sessions Judge of Alwar.