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2011 Supreme(Raj) 2364

PRASHANT KUMAR AGARWAL
Rameshwar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:V.R. Bajwa, Advocate.
For the Complainant-Non-Petitioner:Sunil Kumar Sharma, Advocate.
For the State: Amit Poonia, P.P.

JUDGMENT

1. - Heard learned Counsel for the parties.

2. The accused-petitioner has preferred this criminal misc. petition under section 482, Cr.P.C. against the impugned order dated 8.5.2006 passed by Additional Chief Judicial Magistrate, Danta Ramgarh, District Sikar in Regular Criminal Case No. 30/2005 whereby cognizance for offences under sections 376, 323 and 120-B. I.P.C. has been taken against the petitioner.

3. Brief relevant facts for the disposal of this petition are that non-petitioner complainant Smt. Chhagan Kanwar sent a written report by post to the Court below in which serious allegations were made against four persons including the present petitioner for rape etc. and that report was sent by the Court to the police station concerned upon which F.I.R. No. 45/03 was registered for offences under sections 376 and 323. I.P.C. The police after investigation found the allegation baseless and arrived at a conclusion that no such incident occurred and the prosecutrix has levelled allegation of rape on the instance of one Shri Gheesaram Meena. Consequently, the police filed negative Final Report (F.R.) before the Court below. The non-petitioner-complainant filed protest petiti
















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