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which was in Cr. C. No. 20 of 28 Krishnasa.... Vrs.... Yadeo and others, decided on 1-9-28.
10. In 1930, the Shwetambaries had undertaken work of repairs, in the temple, & the Digambaries had obstructed them. Reports were made to the police, on 25-1-30, 18-2-30, 11-4-30. 12-4-30, 17-4-30 and 20-4-30. The S. H. O. Sirpur put up challan under section 107 Cr. P. C. in the court of S. D. M. Washim. in Misc. C. No. 19 of 30. Ultimately, the Digambaries were discharged.
11. In 1934, on or about, 28-1-34, when the Shwetambaries wanted to do some construction work, on the southern side of the temple, and Digambaries obstructed them at their time, and there was marpit The case under sec. 147 was put up against 9 Digambaries, in court of S. D. Washim, King Emperor.... Vrs.... Yadeo and others. The SD M, sentenced the eight accused to pay a fine verying from Rs. 50 to 250., in default of payment of fine, Accused No.1, Yadeo was to undergo S. l. for six months, and others for one month each.
Similar case was put up against Shwetambaries, but all of them were acquitted.
In para 12 of the judgment, in Cri. C. No 15 of 35, the S. D. M. has stated :
"The prosecution has requested that action under Section 106 Cr. P. C. might be taken in this case. The Trying Magistrate agrees with them. As the Shwetambaries have all been acquitted, no question of taking such action arises in there case. As regards the Digambaries, the case for action of that nature is very strong against them. What they have done really, amounts to attempt delibaertely flout the authority of the Highest Tribunal, for the Country. I, therefore, call upon all the accused convicted above, to furnish security for an amount equal to twice the amount of fine inflicted on them, with two sureties, each, for the like amount, for keeping the peace for a period of three years. Security shall be furnished within a week from to-day, and the period of three years shall run from the date on which security is furnished." This order was passed on 30th March 1935.
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