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1996 Supreme(SC) 1688

B.L.HANSARIA, G.N.RAY
Guru Bipin Singh – Appellant
Versus
Chongthammanihar Singh – Respondent


JUDGMENT

Hansaria, J.-Leave granted.

The Chief Judicial Magistrate, Imphal, took cognizance of a complaint against the appellant under Sections 465 and 468 read with Section 420 IPC; and ordered on 20.12.90 to issue warrant of arrest against him. He approached the Gauhati High Court, Imphal Bench, seeking quashing of the criminal proceedings. The High Court having dismissed the revision petition, this Court has been approached under Article 136 of the Constitution.

2. Shri Jethmalani, appearing for the appellant has contended that the proceeding is an abuse of the process of the court and deserves to be quashed because of there being no legally admissible evidence against the appellant and also because no offence has been made out even if the allegations made against the appellant in the complaint be accepted as true.

3. The abuse of process argument is advanced, inter alia, on the ground that the complaint is stale inasmuch as relating to the self - same matter a complaint had been filed in early 1966 under Section 500 IPC, which became subject matter of Complaint Case No. 13/66, which, however, ended in compromise in 1968. According to the learned counsel, to re-agitate the same matt















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