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2008 Supreme(Gau) 833

I.A.ANSARI
Raju More – Appellant
Versus
Ramesh Chand Khandelwal – Respondent


JUDGMENT

Iqbal Ahmed Ansari, J.

1. By making this application under Article 226 of the Constitution of India, the petitioners, who are accused in Complaint Case No. 802 of 1994 (later on, re-numbered as Complaint Case No. 7577 of 2002), pending in the Court of Chief Judicial Magistrate, Bareilly, Uttar Pradesh, has sought for setting aside the quashing not only the complaint, which has given rise to the Complaint Case aforementioned, but also the order, dated 14-3-2008, whereby the learned Court below has, due to absence of the accused-petitioners, in the case aforementioned, directed issuance of non-bailable Warrants of Arrest against them fixing 21-5-2003 for their appearance.

2. I have heard Mr. S.P. Roy, learned Counsel for the accused-petitioners.

3. The law, with regard to quashing of criminal complaint, is no longer res integra. A catena of judicial decisions have settled the position of law on this aspect of the matter. I may refer to the case of R.P. Kapur vs. State of Punjab, 1960 Cri LJ 1239, wherein the question, which arose for consideration was whether a first information report can be quashed under Section 561A of the Code of Criminal Procedure, 1898. The Court held, on


























































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