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2002 Supreme(Raj) 452

SUNIL KUMAR GARG
Madanlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.S. Rathore, for Petitioner R.R. Chhaparwal, Public Prosecutor Yashwant Mehta, for Respondents No.2

Honble GARG, J.–This revision petition has been filed by the complainant-petitioner against the order dated 31.8.2000 passed by the learned Judicial Magistrate 1st Class, Bar, Dist. Pali in criminal Case No. 347/96 by which the learned Magistrate after hearing the arguments on charge discharged the accused respondents No.2 and 3 for offences under Sections 467, 468, 471 and 120-B I.P.C.

(2). It arises in the following circumstances:

On 8.6.96, the petitioner Madan Lal lodged a written report with the Police Station, Raipur, Dist. Pali inter alia stating that on 4.6.96 when he was present at the first floor of his house situated on Pali road, at that time, the accused respondents Om Prakash and Madhuram came there and started throwing all the articles outside from his hut and tried to encroach on the plot of the complainant-petitioner. It was further stated in the report that accused respondent Om Prakash and Madhuram further told him that they were having patta of that plot since 1982, upon this the complainant-petitioner became suspicious about the genuineness of the patta.

(3). On this report, a case under the aforesaid Sections was registered and investigation commenced.

(4). Duri








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