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1999 Supreme(Raj) 880

G.L.GUPTA
Avtar Singh – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Mr. H.S.S. Kharlia, Advocate.
For the Respondent No. 1:Mr. R.K. Soni and Mr. I.R. Choudhary, Advocates and Mr. V. Kachhwah, P.P.

JUDGMENT

1. - This Misc. Petition has been filed by Avtar Singh, the then Dy. S.P. against the order dated 7.2.1991 passed by the Munsif and Judicial Magistrate, Deedwana, taking cognizance against him under Sections 148, 324, 326 and 149, IPC.

2. The short facts of the case are these. Rukmani w/o one Devilal died of burn injuries on 16.3.1983 at Deedwana. The Magistrate enquiry was held under Section 174, Cr.P.C. The police was of the view that the deceased had burnt herself by pouring kerosene oil upon her body. The conclusion arrived at by the police did not find favour with the villagers. On 17.8.1983 Ganpat Vaishnav and some other persons made an application before the Collector, Nagaur alleging that Devilal, husband of Rukmani had illicit relations with one Anuradha and enquiry be held after registering a case under Section 302, IPC. A case under Section 302, IPC was, therefore, registered against Devilal. When the investigation was going on, the villagers went to the office of the Sub-Divisional Magistrate, Deedwana, to register their protest but as he was not available, they went to the Police Station, Deedwana. The petitioner and other police personnel were there. The compl



























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