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1992 Supreme(Raj) 824

B.R.ARORA
Pawan Kumar – Appellant
Versus
The State of Rajasthan – Respondent


JUDGMENT

1. - This miscellaneous petition is directed against the order dated June 2, 1992, passed by the Additional Chief Judicial Magistrate, Ratangarh, by which the learned Additional Chief Judicial Magistrate accepted the Final Report submitted by the police.

2. The petitioner, on February 29, 1992, lodged an FIR at Police Station, Ratangarh, on the basis of this report, a case under sections 451, 323 and 147, IPC was registered against the accused Kailash, Geeta, Budh Prakash and Subhash. The police, during investigation, recorded the statements of Pawan Kumar, Vimla, Durga Dutt, Dileep Kumar and others. The police, after necessary investigation, found no case against the accused for the offences under Sections 451 and 147 IPC and as the offence under Section 323 IPC is not cognizable offence and, therefore, the police submitted the Final Report on March 6, 1992. After the submission of the Final Report, notices were issued to the complainant. As per the report of the Process Server, the complainant, after seeing the police party, absconds and, therefore, the summon could not be served upon him personally though he had knowledge of the same and, therefore, the notice was affixe







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