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1991 Supreme(Raj) 868

N.K.JAIN
Fatehlal – Appellant
Versus
Shyam Sunder – Respondent


JUDGMENT

1. - This revision is directed against the order of Munsif and Judicial Magistrate, Mawali dated 10-6-83 dismissing the complaint for want of prosecution.

2. Brief facts of the case are that the complainant Fatehlal herein petitioner was president of Rajasthan Shikshak Sangh (Shekhawat Group) (hereinafter referred to as the (Sangh) sub-branch, Mawli. The non-petitioner Shyam Sunder was Secretary of the Sangh. In the year 1978, due to inactiveness, the non-petitioner was removed from secretaryship. The petitioner became Convener of the Sangh. Thereafter, the non-petitioner called a meeting and a no confidence motion was got passed against the petitioner without any notice to him. This news regarding removal of the petitioner from the post of President was got published by the non-petitioner on,3-6-82 in daily newspaper. Aggrieved by it, the petitioner filed a complaint under section 500 IPC, before the Munsif and Judicial Magistrate, Mawli.The learned Magistrate after holding enquiry, examined the complainant under section 200 Cr. PC and the other witnesses under section 202 Cr. PC and issued process against the non-petitioner. The application was rejected on 15-5-83, and pr












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