JUDGEMENT
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(1.) In this case Sri V. K. Sharma
requested me to reserve the judgment on 25-
8-2004 and stated that he would be submitting written arguments in this case. The
written arguments have been submitted. I
have perused the same and also the other
material on record.
(2.) The present application has been filed
under Section 482 Cr.P.C. for quashing
criminal proceedings in Case No. 8656 of
1991, Veer Narayan v. Hari Prasad and another pending in the Court of C.J.M.
Allahabad and the non-bailable warrants
and processes issued under Sections 82/83, Cr. P.C.
(3.) A complaint, was filed on 23-9-1991
alleging that the applicants were brothers
who used to reside in one room in the house
of the complainant opposite party No. 2 and
they used to engage in the business of selling Jaipuri
Chunaris and sarees. The complainant also used to ferry clothes, and for
this purpose he would purchase Jaipuri
chunaris from the applicants. The complainant had actually made a payment of Rs.
1,300/- for a lot of clothes purchased from
the applicants, but the applicants had not
made the necessary entries in their copy with
regard to the payment received. This had
resulted in a hot exchange of words between
the parties causing the complainant turn out
the applicants from his house. As a sequel
to this action, on 20-9-1991 at about 6-30
p.m. when the complainant was returning
to his house, he was assaulted by the applicants with dandas near the gate of Kesar
Vidyapeeth, Meerganj, Allahabad. The complainant fell down as a result of the assault
and he was medically examined at Moti Lai
Nehru Hospital. The incident was witnessed
by Pooran and Babloo. The complainant sent
information about this incident by registered
post to the S.S.P., Allahabad, and thereafter he filed the complaint on 23-9-1991.;
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