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1997 Supreme(Pat) 823

P.K.DEB
Nandu Singh – Appellant
Versus
State – Respondent


Judgment

P.K.Deb, J.

1. Heard the learned counsel for the petitioner.

2. This petition has been filed for quashing the entire criminal proceedings in U.C. Case no. 414/93 (T.R. No. 1238/94). together with the order of cognizance taken on 4.11.1993, now pending before Shri Raj Kishore Choubey, Judicial Magistrate. Chatra.

3. The petitioner lodged an information regarding theft by lunking house trespass by night. After investigation police submitted final form under Section 173. Cr PC, stating that the complaint was false and there was a recommendation being made by the Investigating agencv that proceedings under Section 182/211 of the IPC, should be proceeded against the petitioner for filing false case.

4. It appears from the records that when the final form under Section 173, Cr PC was filed then a protest petition was filed by the petitioner and after due enquiry cognizance was taken on 17.8.1992, against the accused persons and ultimately order of conviction was recorded by judgment dated 13.7.1995. But the initial recommendation made by the Investigating agency was taken cognizance of by the learned Magistrate on 4.11.1993 and then proceeded against the petitioner. After the fin



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