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1980 Supreme(Del) 68

V.B.RAJU, YOGESHWAR DAYAL
SANT RAM – Appellant
Versus
DELHI STATE,G. R. MITTAL METROPOLITAN MAGISTRATE – Respondent


Advocates Appeared:
K.K.Sud

Yogeshwar Dayal, J.

( 1 ) THE petitioner has filed the present Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482, Criminal Procedure Code for quashing criminal proceedings pending against him under Sections 506 and 507 of the Indian Penal Code. The petition has proceeded on- the basis that the said criminal proceedings on F. I. R. No. 629/75 registered. with the Police Station Subzi Mandi Delhi, are illegal because offences under Sections 506/507 of the Indian Penal Code are not cognizable. Some allegations have been made in the petition concerning some Judicial Officers, but it is unnecessary to repeat them in the judgment because they are of little relevance to the point urged.

( 2 ) A notice was issued to the Delhi administration to show cause why the petition should not be admitted and a counter-affidavit has been filed which states the facts. The said reply shows that the petitioner had filed a complaint under Section 219 of the Indian Penal Code against Shri S. C. Jain, presently Additional District and Sessions Judge Delhi, which led to the petitioner being convicted and sentenced for contempt of Court. It is stated in the reply that





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