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2007 Supreme(Raj) 2223

AJAY RASTOGI
Ramswaroop, Chela Narayan Das Mahant Pujari – Appellant
Versus
State of Rajasthan Through Government Advocate – Respondent


Advocates:
For the Petitioner:Rajesh Goswaml, Advocate.
For the Respondents: Resham Bhargava and Arun Sharma, Public Prosecutor.

JUDGMENT

1. - Instant petition under Section 482, Cr.PC. has been filed against Order dated 20.4.2007 whereby Additional Sessions Judge Hindaun City fixed the case (Cr. Rev. No. 88/04) for final disposal while observing that record of Court of Assistant City Magistrate despite best efforts is not traceable.

2. Proceedings under Sections 145 and 146, Cr.P.C. were initiated on a complaint filed by S.H.O. P.S. Garamora -notice whereof was served upon respondents therein and after examining inter-se dispute in regard to the land in question, final Order was passed by learned Sub-Divisional Magistrate Hindaun on 19.8.2002-against which instant petitioner preferred revision petition pending it, application was filed that record of Court of A.C.M. Sapotra is necessary for dust decision in the matter and it appears that the Court at relevant time, considered proper to call for the record at the request of petitioner and since the record was not traceable. Court of revision directed both the parties to file their written arguments-against which petitioner filed Cr. Misc. Petition No. 718/05 wherein this Court vide Order dated 6.7.2005 disposed of the petition while observing that if applicat









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