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1996 Supreme(Raj) 639

R.R.YADAV
Panki – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Shokat Ali, for Applicant S.K. Vyas, Public Prosecutor

Honble YADAV, J. – This criminal misc. petition has come up before the Court for disposal of a correction application.

(2). It is alleged that the applicant filed a misc. petition for quashing the FIR before this Court which was dismissed on 16.5.1996 with a direction to her to surrender before the learned Magistrate and in case any bail application is moved on her behalf then the learned Magistrate was directed to decide the same expeditiously on merits.

(3). It is argued before me that when the applicant moved an application for surrender before the learned Magistrate, he declined to hear the case as it was not falling within his power and jurisdiction to hear the case. It is also alleged that the learned Magistrate obser4ved that such application of surrender can be moved before the learned Sessions Judge only.

(4). It is further argued by the learned counsel for the applicant that thereafter the applicant moved bail application before the learned Sessions Judge but he also refused to entertain her bail application on the plea that since in my order dated 16.5.96 the expression `learned Magistrate has been used, therefore, he was not prepared to decide the bail application of the a
















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