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1983 Supreme(Del) 344

M.L.JAIN
SHIV DUTT SALWAN – Appellant
Versus
STATE OF DELHI – Respondent


M. L. Jain, J.

( 1 ) THE Petitioner Shiv Dutt Salwan is the Chairman of the Salwan Education Trust. The trust runs the Salwan Public School. The management of the said Trust decided to institute disciplinary school resulting in bad blood between the management and the delinquent employees. The employees lodged an FIR No. 598 on 31-12-1980 under Sections 147/ 148/149/307/506 Indian Penal Code against the petitioner and few others. That case being exclusively triable by the court of section of session has already been committed on 10-5-1983.

( 2 ) ANOTHER FIR No. 17/81 PS Rajinder Nagar was lodged on 8-1-1981, this time against the petitioner alone that he threatened the wife of one of the witnesses in the earlier case that in case the statements given by the witnesses are not changed they would face dire consequences. This case is pending before the Metropolitan Magistrate. On 16-4-1983 and application was made by the petitioner under Section 323 Criminal Procedure Code. for committal of the second case, i. e. FIR 17/81, to the court of sessions for trial. The learned Metropolitan Magistrate by his order dated 11-5-1983 rejected the application. Hence, the present petition for direc






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