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1989 Supreme(AP) 427

V.BHASKARA RAO
P. Ugender Rao – Appellant
Versus
J. Sampoorna, Staff Nurse, Government Civil Hospital, Medak – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed under Section 482 Cr. P. C. , to quash thecharges framed against the petitioners-accused.

( 2 ) THE complaint in these quash proceedings is that the Magistrate,before whom the 1st respondent-complainant filed the complaint against petitioners, has without recording any evidencethough not the entire evidenceframed charges against the petitioners and others under different heads, thereby denying them the opportunity of being considered for discharge in terms of Section 245 of the Code of Criminal Procedure and therefore the charges are liable to be quashed.

( 3 ) TO appreciate the above submission of the learned counsel, Shriveerabhadra Rao. it is necessary to advert to certain provisions in the Code that have bearing on the present matter. Whenever a complaint is presented before a Magistrate, Section 200 Cr. P. C, obligates the Magistrate to examine the complainant on oath besides the witnesses, if any. After such an examination of the complainant and the witnesses, if any, and on consideration of the statements recorded so, in case the Magistrate is of opinion that there was nn ground to proceed ahead with the complaint, he shall d








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