BRIJ LAL Vs. STATE

JUDGEMENT

(1.) THIS petition in revision arises out of an order dated 28th July, 1969 passed by the Munsif Budaun directing the filing of a complaint against the applicant under Sections 186 and 353 of the Indian Penal Code.

(2.) HAVING heard learned Counsel at some length. I am satisfied that no case for interference has been made out.

(3.) CHANDRAPAL Gupta an Amin in the District Judge's Court. Budaun was directed by the Munsif Budaun to proceed to sell some crop, which had been attached in execution of a decree held by the applicant. Chandra Pal Gupta (hereinafter referred as the Amin) went to the village Kunwargao on 16th May, 1969 to carry out the order of the Munsif s court but the order was not carried out. Instead, a report was filed by the Amin in the Munsifs Court complaining of obstruction, assault etc. by the applicant as the reason for his inability to carry out the order of the Court. A show cause notice was issued to the applicant. This was followed by an order of the Munsif directing the filing of a complaint in the Court of Additional District Magistrate (Judicial) at Budaun for offence punishable under Sections 186/353 of the Indian Penal Code. The learned Sessions Judge, Budaun having refused to interfere, the present revision was filed.