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1979 Supreme(SC) 19

N.L.UNTWALIA, S.MURTAZA FAZAL ALI
Sardar Trilok Singh – Appellant
Versus
Satya Deo Tripathi – Respondent


fJudgment

UNTWALIA, J.:- On May 1, 1976 the respondent in this appeal by special leave filed a complaint against 10 persons, including the three appellants, under Ss. 395, 468, 465, 471, 412, 120-B/34 of the Penal Code in the Court of the Chief Judicial Magistrate, Kanpur. An inquiry under Section 202 of the Code of Criminal Procedure, 1973, hereinafter called the Code, was held by the Magistrate. Thereafter on January 17, 1977 the Magistrate passed an order directing the issue of summons against nine accused only under Section 395 of the Penal Code. He dismissed the complaint against accused No. 10 Smt. Ram Misra, wife of Shri B. C. Misra, accused No. 9. Before the summonses were actually issued, on the same day i.e. January 17, 1977 the appellants moved the Allahabad High Court to quash the criminal proceeding in question in exercise of its inherent power under Section 482 of the Code. The High Court by its order dated February 21, 1977 has refused to quash the said proceeding and dismissed the appellants application. Hence this appeal.

2. We do not consider it necessary to state and discuss all the points involved in this case in any detail. Only a few of them may, however, be men








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