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1979 Supreme(Raj) 313

M.C.JAIN
Panney Singh – Appellant
Versus
State of Rajasthan, – Respondent


Advocates:
For the Petitioners:Jaswantmal Bhandari, Advocate.
For the State: S.L. Mardia, Public Prosecutor.
* Against Order of Lal Chand Bhadu, Addl. Munsif and Judl. Magistrate No. 2, Jodhpur, D/- 6.11.1978.

JUDGMENT

1. :- The accused persons have moved this application under Section 482 of the Criminal Procedure Code for quashing the order of the Additional Munsif and Judicial Magistrate 1st Class No. 2, Jodhpur dated 8.11.1978 whereby the learned Magistrate condoned the delay in presentation of the charge-sheet. They have further sought to quash the entire proceedings against them.

2. The material facts relating to the present application are that on the report of one Dharma Ram, case under Sections 147, 148, 149 and 323 Indian Penal Code was registered against the accused persons on 19.10.1974 regarding the occurrence alleged to have taken place on that date. The police presented the charge-sheet after the expiry of three years on 15.2.1978. The learned Magistrate on presentation of the charge-sheet registered the case. Accused Umed Singh was present to whom copies of the police papers were supplied. Rest of the accused persons were not present in the court so warrants were ordered to be issued against them. The accused persons Panney Singh, Sher Singh and Onkar Singh appeared on 18.4.1978. On the next date i.e. on 17.5.1978, on behalf of the present accused applicants, an applicatio































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