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1995 Supreme(Raj) 340

R.R.YADAV
Satnam Moga – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.M. Bhojak, for Petitioners

Honble YADAV, J. - The present petition under Section 482 Cr.P.C. has been filed by Satnam Moga and Kishore Singh against the order of learned ACJM, Sriganganagar dated 31.3.95 whereby the petitioners alongwith two others were charged for offences under Sections 406 and 498-A IPC in respect of FIR No. 432 of 1992, registered at P.S. Kotwali, Sriganganagar.

(2). The present petitioners have come up before this Court against framing of charges by the learned ACJM, Sriganganagar on the ground inter-alia that framing of charge against the petitioners amounts abuse of the process of the Court within the meaning of Section 482 Cr.P.C.

(3). The main thrust of the argument of the learned counsel for the petitioners before me is that the learned Magistrate has no authority in law to frame charge against the petitioners under Section 240 Cr.P.C. as according to him there is no material on record regarding performance of saptapadi.

(4). In support of his aforesaid contention the learned counsel for the petitioners placed reliance before me on a decision rendered by the Apex Court in the case of Shanti Deb Berma vs. Smt. Kanchan Prava Devi (1).

(5). In case of Shanti Deb Berma (supra) it was a cas





















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