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2008 Supreme(Raj) 1973

H.R.PANWAR
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:N.L. Joshi, Advocate.
For the State: S.K. Vyas, Public Prosecutor.

JUDGMENT

1. - By the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter), the petitioners have challenged the order dated 25.03.2008 passed by the Judicial Magistrate, Churu (for short, 'the trial Court' hereinafter) whereby the trial Court declined to compound the offence under Section 406 IPC.

2. The facts of the case, succintly stated, are that a crime report was lodged by first informant Ram Kumar with the Police Station, Dudhwakhara, district Churu, stating therein that the proprietor of Rajasthan Travels, Mangal Bhawan, Lai Ghantagar, Churu, used to send the persons to abroad for job. The first informant, being an unemployed person, on contracting the 1 petitioners, was assured for a job at Katar on the monthly salary of Rs. 10,000/- Reyals and he was asked to deposit Rs. 70,000/-. Though he was sent to Katar by air after certain formalities with regard to passport and VISA but after working for two months with H.D.K. Company at Katar, the said company refused to keep him any further on the ground that his VISA has already expired. After investigation, the police filed charge sheet against the pe












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