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1971 Supreme(Kar) 29

M.S.NESARGI
KANTHIJABI – Appellant
Versus
P. S. ABDULLA – Respondent


M. S. NESARGI, J.

( 1 ) THIS petition is directed against the order dated 22-9-1970 passed by the Additional First Class magistrate, Bangalore, in C. C. No. 2555 of 1970 ordering that A-3 in the case is to be dropped from the proceedings and directing the complainant to proceed against the other accused persons i. e. . A-l, 2 and 4 at that stage. It is contended on behalf of the petitioner-complainant that this order is on the face of it illegal and unsustainable in law.

( 2 ) THE few facts that have given rise to this petition may be narrated briefly as follows: this petitioner as a complainant filed a private complaint on 17-11-1966 in the Court of the City magistrate, Bangalore, against three persons alleging an offence punishable Under Section 420 of the Indian Penal Code. Her complaint was that the said three ac cused persons, of whom the present respondent-1 was not one, dishonestly and fraudulently secured her L. T. M. to a document which ultimately she came to be informed was a power of attorney and on the strength of that drew Rs. 10,000/- from the Life Insurance Corporation of India out of the Insurance sum insured by her husband. The learned Magistrate recorded the swo






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