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2011 Supreme(Raj) 1247

NISHA GUPTA
Mukum Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
K.K. Shah, for Petitioners;
A.R. Nikub, P.P., for State

Hon'ble GUPTA, J.—This criminal misc. petition has been filed under Section 482, Cr.P.C. for quashing the proceedings pending before the learned Special Judge (SC/ST) Cases, Pali in Sessions Case No. 4/2010.

2. The short facts of the case are that a dead body was found on the railway track near village and inquest report has been prepared under Section 174, Cr.P.C. The complaint was filed for the offences under Section 302, 201/34 IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act against the present petitioners which was sent for investigation. After investigation, the police submitted a negative report before the learned Magistrate on 1.8.2007. The notices were issued to the complainant and protest petition has been filed by the complainant. The learned Magistrate has recorded evidence of the complainant under Section 200, Cr.P.C. He has also recorded statements of other witnesses under Section 202, Cr.P.C. and after completion of enquiry, matter was pending for hearing arguments regarding taking of the cognizance. When the matter was fixed for hearing arguments, an application was filed by the Deputy Superintendent of Police, Pali stating therein that the matte


























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