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1977 Supreme(Raj) 90

SHARMA
Asu Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
H.M. Parekh, D.R. Bhandari, for Applicants; K.G. Bhandari, Public Prosecutor, for State of Rajasthan

SHARMA, J.—This is an application under sec. 482, Cr.P.C. for quashing an order of the Munsiff Magistrate Barmer, dated 7th July, 1975, by which cognizance of offences punishable under secs. 500 and 505, I.P.C. was taken against the applicants on a police challan filed by the S.H.O. Police Station, Barmer, on 31st March, 1975.

2. The relevant facts giving rise to this application under Sec. 482, Cr.P.C. may be stated as follows:—

One Pir Chand file a complaint, against the applicants in the court of the Munsiff Magistrate, Barmer, under secs 500 and 505, I.P.C. on 13th March, 1975. The Munsiff Magistrate did not take cognizance of the aforesaid offences on the complaint filed by Pir Chand. The complaint, however, was forwarded to the Station House Officer, Barmer, for investigation under sec. 156(3), Cr.P.C. The Station House Officer, Barmer, registered a criminal case against the applicants under secs. 500 and 505, I.P.C. on the basis of the facts contained in the complaint tookup usual investigation into it. After thorough investigation into the matter, he submitted a charge-sheet in the court of the Munsiff Magistrate, Barmer, for taking cognizance of the aforesaid offences upon i






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