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2006 Supreme(Raj) 2155

H.R.PANWAR
Baldev – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. S.S. Dhillon, for the Petitioners.
Mr. Ashok Upadhyaya, Public Prosecutor for the State.
Mr. M.K. Garg, for the Non-Petitioner No. 2.

Judgment




H.R. Panwar, J.-By the instant criminal miscellaneous petition under Section 482, CrPC the petitioners have challenged the order dated 212.2001 passed by the Additional Chief Judicial Magistrate, Sri Karanpur, district Sri Ganganagar (for short, "the trial Court" hereinafter) whereby the trial Court took cognizance of the offences under Sections 420, 467, 468, 471, 167, 168 and 120-B, IPC and issued process against the petitioners.

2. I have heard learned Counsel for the parties and perused the order impugned.

3. Non-petitioner No. 2 Billu Singh filed a complaint before the trial Court against the petitioners, which was sent for investigation to the Station House Officer, Police Station, Kesrisinghpur under Section 156(3), CrPC. The police, after thorough investigation, filed negative final report being F.R. No. 13 dated 18.08.1998. On a notice, the Non-petitioner No. 2 filed a protest petition and produced himself as CW 1 and also the witnesses CW 2, CW 3 and CW 4.

4. The allegation against the petitioners is that they pretending themselves to be the members of scheduled caste showing their caste as Meghwal, purchased the land from the Non-petitioner No. 2 by a registered





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