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1996 Supreme(SC) 231

M.K.MUKHERJEE, S.P.BHARUCHA
Mushtaq Ahmad – Appellant
Versus
Mohd. Habibur Rehman Faizi – Respondent


ORDER

Leave granted. Heard the counsel appearing for the parties.

2. The appellant herein filed a complaint before the Chief Judicial Magistrate, Mau alleging commission of offences under Sections 406, 409, 420 and 467 IPC by the respondent Nos. 1 to 4 ( respondents for short). The learned Magistrate took cognizance upon the complaint and then recorded the statement of the appellant under Section 200 Cr.P.C. On being satisfied from the complaint, the documents filed therewith and the statement of the appellant that the above offences were made out against the respondents he issued process against them. Aggrieved thereby the respondents filed a petition under Section 482 Cr.P.C. for quashing the complaint and the proceeding arising therefrom which was allowed by the High Court with a finding that the complaint was false, frivolous and vexatious and a direction upon the appellant to pay Rs. 5,000/- to the respondents as costs. Hence this appeal.

3. Having perused the impugned judgment in the light of the complaint and its accompaniments we are constrained to say, that the High Court exceeded its jurisdiction under Section 482 Cr.P.C. in passing the impugned judgment and order. It is ra








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