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1960 Supreme(Raj) 129

CHHANGANI
Mehboob Khan – Appellant
Versus
State – Respondent


Advocates Appeared:
Yudhisthir Kachhawaha, for Petitioners; Rajnarain, Assistant G.A.

Chhangani, J.—This reference raises an interesting question of law relating to the interpretation of sec. 29 of the Police Act.

2. The facts giving rise to this reference may be briefly stated as follows. The two petitioners Mehboob Khan and Bhopalnath are constables Nos. 77 and 344 in service in the Rajasthan police force. At the relevant time, they were undergoing a refreshers course in the police lines Bikaner. It is alleged that they collected annas -/4/- from each of their colleagues for the printing of a pamphlet

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On an allegation that the conduct of the two petitioners is a contravention of rule 6 of the Rajasthan Government Servants and Pensioners Conduct Rules, 1949, the police submitted charge-sheets against both the petitioners under sec.29 of the Police Act. During the course of trial, the accused petitioners submitted an application on the 25th October, 1958, praying for the dismissal of the "complaint". In the application it was generally stated that no offence under sec. 29 of the Police Act was prima facie made out or disclosed from the substance of the complaint or the statements of the witnesses. During t









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