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2022 Supreme(Raj) 2939

BIRENDRA KUMAR
Gulam Jilani – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Pankaj Gupta, for the Appellant; Mr. F.R. Meena, PP Mr. Anil Kumar Upman Mr. Rishi Raj Singh Rathore, for the Respondent

ORDER

1. Heard the parties.

2. At the instance of respondent No.2, FIR No.73/1989 was registered against the petitioner in Kotwali Police Station, Fatehpur. On 06.11.1996, after investigation of the case, police submitted final report. Thereafter respondent No.2 filed a protest petition. The Magistrate on protest petition, after considering the evidence of the witnesses of inquiry, took cognizance under Sections 420 & 120B of IPC and directed that the police case will proceed and the learned Public Prosecutor would prosecute the case.

3. Both sides challenged the aforesaid order by filing separate revision petitions.

4. Revision petition of the petitioner was dismissed, however the revision petition of the complainant was allowed to the extent that case is made out for offence(s) under Sections 467, 468, 471 & 120B of IPC and the matter was remitted back to the learned Magistrate.

5. By the impugned order dated 19.10.2019, the learned Magistrate further took cognizance for offence(s) under Sections 467, 468 and 471 of IPC and by the same order, directed framing of charges for offence(s) under Sections 420, 467, 468, 471 & 120B of IPC.6. Learned counsel for the petitioner submits that th

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