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2005 Supreme(Raj) 517

H.R.PANWAR
Ganesh Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. H.S. Srimalee, for the Petitioners. Mr. Pradeep Shah, for the Respondent No. 2. Mr. J.P.S. Chaudhary, Public Prosecutor.

Judgment

H.R. Panwar, J.-This criminal revision under Section 397/401, CrPC, is directed against the order dated 02.07.2004 passed by Additional Chief Judicial Magistrate, No.2, Udaipur (for short ‘the trial Court’) in Criminal Case No.608/2004 whereby the trial Court took the cognizance of the offence against the petitioner punishable under Section 498-A, IPC and issued the process. Aggrieved of the order taking cognizance, the petitioner has filed the instant revision petition.

2. I have heard learned Counsel for the petitioner and Public Prosecutor and Counsel appearing for the contesting respondent complainant. I have carefully gone through the record of the trial Court.

3. The facts and circumstances giving rise to the instant revision petition are that the respondent No.2 complainant filed a complaint before the trial Court against the present petitioner and Smt. Panadevi for the offence under Sections 498-A and 406, IPC. The said complaint was sent to police for investigation under Section 156 (3) CrPC. After investigation, police filed challan against the present petitioner for the offence under Section 498-A, IPC. By order impugned dated 02.07.2004, the trial Court on peru










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