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2002 Supreme(Raj) 1837

F.C.BANSAL
Kamlesh – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Accused-Petitioner:S.K. Gupta, Advocate.
For the State : Pratap Singh, Public Prosecutor.

JUDGMENT

1. - Briefly stated, the facts of the case are that on the basis of a written report submitted by Brijlal S/o Bhonra Ram, by caste-Meena, R/o Maharajsar at RS. Sewar, District Bharatpur on April 20, 2002, a case under Sections 304B and 498A IPC was registered. In the course of investigation accused-petitioner Kamlesh was arrested on April 28, 2002. He was remanded to police custody and thereafter to judicial custody from time to time by learned Additional Chief Judicial Magistrate No. 3. Bharatpur. By order dated 24th July, 2002, the Additional Chief Judicial Magistrate remanded the accused-petitioner to judicial custody till August 7, 2002. In the meanwhile, on July 26, 2002, the SHO, R.S. Sewar filed challan against the accused-petitioner under Sections 498A, 304B and 120B IPC in the Court of Additional Chief Judicial Magistrate No. 3. Bharatpur. On that day the Court of Additional Chief Judicial Magistrate No. 3, Bharatpur was lying vacant as the Presiding Officer had already been transferred and, therefore, the Link Magistrate did not take cognizance on the police report and the case was adjourned for July 30, 2002. On July 29, 2002, accused-petitioner Kamlesh moved an































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