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1974 Supreme(Raj) 87

SHINGHAL
Manjit Kaur – Appellant
Versus
Gurnek Singh – Respondent


Advocates Appeared:
P.N. Datt, for Petitioner; B.L. Purohit, for Non-petitioners Nos. 1 and 2

SHINGHAL, J.—This revision petition of Smt. Manjit Kaur is directed against the order of learned Additional Sessions Judge, Sri Ganganagar, dated July 30, 1971, upholding the order of Sub-divisional Magistrate, Karanpur, dated July 7, 1969, in proceedings under sec. 145 Cr.P.C.

2. It is not disputed, and is in fact admitted by both the learned counsel, that the affidavits, which were filed in this case in the court of the learned Sub-divisional Magistrate, did not conform to the requirement of Order XIX rule 3 C. P. C. It has therefore been argued by the learned counsel for the petitioner that the affidavits could not form the basis of the impugned order which must therefore be set aside as being contrary to the law. The learned counsel has placed reliance on the decisions of this court in Bhair Gir vs. Hanuman Prasad(l), Pritam Singh vs. Ranjit Singh(2) and Gopi vs. Manmohan(3) to support his argument. On the other hand, it has been argued by Mr. Purohit, on behalf of the non-petitioners, that Order XIX, rule 3 C. P. G. could not apply to the affidavits contemplated under sec. 145(4) of the Code of Criminal Procedure and that the three judgments of this court, referred to above, ar





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