M.B. SHARMA, J.—In this application under Section 482 Cr.P.C. a question is involved as to whether, if under Sec. 169, after investigation a report under Section 169 Cr.P.C. is made by the Station House Officer of a police station and a protest petition is filed by the complainant, whether the person who is accused of an offence and against whom the police has found that there are no reasons to proceed, has a right of taking part in the proceedings or not ?

2. The facts are not very much disputed and lie in a narrow compass. A complaint was filed by Shri Sardar Hardeo Singh Sandhu, Advocate, who has personally argued this case before me. The said complaint was filed against Dr. S. M. Gupta and others under various Sections of the Indian Penal Code like 284, 307, 326,328, 418,440, 467, 491 read with Section 34 of the I.P.C. It relates to some acts of negligence, Commission, or commission, attributed to the accused-persons in conducting operation upon the complainant Shri H.S. Sandhu, Advocate, and giving treatment to him. The learned Magistrate forwarded the said complaint under Section 156 (3) of the Code of Criminal Procedure to the police station, Sardarpura, Jodhpur, wherein poli

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