JUDGEMENT
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(1.) Heard Sri R.S. Misra, learned Counsel for the revisionist and learned A.G.A. for the State.
(2.) This revision is against the order dated 2.2.84 passed by the Judicial Magistrate, Deoria in Criminal Case No. 140 of 1980 rejecting the application dated 13.9.83 moved by the revisionist for dismissing the complaint for want of sanction as required by Section 197, Code of Criminal Procedure.
(3.) Opposite Party No. 2, Smt. Saraswati Devi, filed a complaint with the allegations that on the date of incident her brother Rajendra Chaubey, was at her house. At the time of incident, he was sleeping inside the house. Accused D.P. Singh, Sub-Inspector posted at Bhaluani out-post, accompanied by constable Gorakh Singh and three other constables came to her house with gun, Danda and pistol and told her that Raj Mangal dacoit was hiding in her house. She told that Raj Mangal was not in her house, she was abused and the accused party entered her house and looted property from her house. Rajendra Chaubey raised his voice against such acts on the part of the police party whereupon Rajendra Chaubey was taken away by the police party and was killed in a field. The accused also told Smt. Saraswati Devi that the deceased was Raj Mangal.;
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