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1998 Supreme(Raj) 901

SHIV KUMAR SHARMA
Brajraj Singh Chauhan – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Mr. R.N. Khandewal, Advocate.
For the Respondent: Mr. M.L. Goyal, Public Prosecutor.
For the non-petitioner:Mr. J.P. Goyal and Laxmi Narain Agrawal, Advocates.

JUDGMENT

1. - Instant revision impugns the order dated November 21, 1996 of learned Chief Judicial Magistrate Baran whereby he took cognizance against the accused petitioner under Section 194 and 211 of the Indian Penal Code in criminal case No. 15 of 1996.

2. In order to adjudicate upon the controversy posed before me, it is necessary to set out the admitted facts at the outset.

3. A complaint under Sections 194, 195 and 211 of the Indian Penal Code was instituted by Laxmi Narain Agrawal, Advocate before the learned Chief Judicial Magistrate on September 24, 1996 against the petitioner Brajraj Singh who is also an Advocate. The learned Chief Judicial Magistrate examined the complaint and vide its order dated November 21, 1996 took cognizance of the offences under sections 195 and 211 Indian Penal Code and summoned the petitioner. Against this order that the present action for filing the revision has been resorted to by the petitioner.

4. I have bestowed my thoughtful consideration to the arguments advanced before me by the learned counsel for the parties and carefully scanned the impugned order.

5. Mr. J.P. Goyal, learned counsel appearing on behalf of complainant Laxmi Narain Agrawal
































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