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2021 Supreme(Chh) 108

NARENDRA KUMAR VYAS
Rakesh Kumar Joshi, S/o Late S. D. Joshi – Appellant
Versus
Manohar Jethani, S/o Late Dr. Variyal Das Jethani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Praveen Dhurandhar, Advocate.
For the Respondent:Mr. Y.C. Sharma Sr. Advocate with Mr. Mukul Chaturvedi, Advocate, Mr. Kapil Maini, Panel Lawyer.

ORDER :

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. against the order dated 07.11.2015 (Annexure A/1) passed by Seventh Additional Sessions Judge, Durg, District- Durg (C.G.) in Criminal Revision No. 176/2015 (Rakesh Kumar Joshi Vs. Manohar Jethani & another), affirming the order dated 03.11.2011 passed by Judicial Magistrate First Class, Bhilai-3, District-Durg (C.G.) in Complaint Case No. 3330/2011, wherein, the trial court has taken cognizance for the offence punishable under Sections 166, 339, 499 & 506 of I.P.C. against the petitioner.

2. The brief facts as projected by the petitioner are that learned Judicial Magistrate First Class, Bhilai-3 has registered Complaint Case No. 3330/2011 against the petitioner and summon was issued to the petitioner. At the relevant time, the petitioner was posted as Thana in-charge of Police Station-Bhilai-3, District-Durg (C.G.). Respondent No. 1/Complainant- Manohar Jethani, who is an advocate by profession (as stated in his evidence) filed a complaint on 20.11.2009 against the petitioner under Section 200 of I.P.C. mainly contending that there is dispute with his younger brother-Anil Jethani, who is active membe

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