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1991 Supreme(Raj) 896

N.K.JAIN
Sukh Deo – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. R.L. Jangid, Advocate.
For the Respondent: Mr. D.R. Bohra, Public Prosecutor.

JUDGMENT

1. - This revision petition is directed against the order of learned Munsiff & Judicial Magistrate, Ladnu dated 12.10.1983 whereby he has rejected the complaint filed by the petitioner.

2. The brief facts of the case are that the petitioner lodged a First Information Report on 7.5.1982 before the police against five persons under Sections 147, 148 & 451 Indian Penal Code. The Final Report bearing No. 24/82 of Police Station Ladnu in the case was filed before the Magistrate concerned on 27.9.1982, and which was accepted by the learned Magistrate on 9.3.1983. Thereafter, the petitioner moved a protest petition but the same was dismissed. The proceedings under Section 182 Criminal Procedure Code were initiated against the Petitioner. A private complaint was also filed by the petitioner against the accused persons under the aforementioned Sections before the 'concerned Magistrate on 6.4.1983. But, the learned Magistrate vide his order dated 12.10.1983 rejected the same on the ground that neither the complainant is present nor his witnesses are present, and the F.R. related to this incident has already been accepted on 9.3.1982. Hence this revision petition.

3. Heard learned Coun









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