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1987 Supreme(Raj) 235

K.S.LODHA
Het Ram Beniwal – Appellant
Versus
State of Rajasthan (92) – Respondent


Advocates Appeared:
M.L. Garg, for Petitioners; Nandlal, for non-petitioner No.2; S.K. Mathur, Public Prosecutor

K.S. LODHA, J.—The two petitioners, against whom cognizance has been taken by the learned Chief Judicial Magistrate, Sriganganagar, have challenged the order of the learned Magistrate dated May 21, 1985, by which he directed the investigation under sec. 155(2), Cr.P.C. and further the order dated April 17, 1986, by which cognizance has been taken against them for offences under sec. 427 and 120-B, I.P.C.

2 Briefly stated, the facts giving rise to this application are that non-petitioner No. 2 Harish Thapar, Manager of the factory-J. C.T., Mills, Sriganganagar filed a report before the Police Kotwali, Sriganganagar on April 29, 1985 alleging that the labourers and their leaders had spoiled and damaged about 30,000/- meters of cloth of the mill with an intention of causing wrongful loss to the Mill and, thus, they have committed offence under sec. 427 and 120-B, I.P.C. On this report, the police found that the report related to a non-cognizable offence and, therefore, it referred the complainant to the court. It appears that thereupon an application under sec. 155(2), Cr.P.C. was filed by Shri Harish Thapar before the learned Chief Judicial Magistrate stating the fact of his having ap













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