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2005 Supreme(SC) 810

Y.K.SABHARWAL, TARUN CHATTERJEE
S. P. S. Rathore – Appellant
Versus
State Of Haryanas – Respondent


Judgment

Y.K. Sabharwal, J.—The challenge in this appeal is to the impugned judgment and order of the High Court directing the District Judge to conduct an enquiry to ascertain the truth of the averments made by Ashu Girhotra, respondent No. 5 in his affidavit dated 3rd December, 2001 to the effect that he was implicated in false criminal cases and harassed by the police at the instance of the appellant, a police officer.

2. The brief facts are as follows:

A news report published in Chandigarh News Line dated 5th December, 2000 stated that between 6th September, 1992 and 30th August, 1993 six first information reports were registered in police station, Panchkula in State of Haryana against Ashu Girothra, respondent No. 5, his friend Sandeep Verma, respondent No. 6 and Gajinder Singh in car theft cases. The police after investigation dropped the proceedings against respondent Nos. 5 and 6 in two cases. The Chief Judicial Magistrate, Panchkula by order dated 30th April, 1997 discharged respondent Nos. 5 and 6 in the aforementioned cases on the ground that there was no prima-facie material for framing charges against them. The news report also stated that the cases beared an uncanny coin





































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