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2010 Supreme(Raj) 311

MAHESH BHAGWATI
Kishan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.L. Jain, for Petitioners;
K.K. Rawal, P.P.,for State.

JUDGMENT

Hon'ble BHAGWATI, J.-

By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioners have impugned the order dated 22nd December, 2009, whereby the learned Judicial Magistrate, Nokha, District Bikaner verified the compound petition for the offences under Sections 323 5 and 354 of Indian Penal Code as they are compoundable but denied to verify the same for the offences under Sections 406 and 498A of Indian Penal Code as they are not compoundable under Section 320 of Cr.P.C.

2. Skipping unnecessary details, the necessary facts for deciding the instant petition are, in nub, thus:

“That one FIR No. 225/2005 came to be filed at Police Station, Nokha, District Bikaner. After completion of investigation, the police filed police report under Section 173(2) of Cr.P.C. against the accused persons namely Laxmi Narayan, Kishan Lal, Manoj Kumar, Pana Devi and Sarita in the offences under Sections 498A, 406, 323 and 354 of Indian Penal Code on 14th October, 2005 in the court of Judicial Magistrate, Nokha.

Having heard the charge arguments, the accused Manoj Kumar was indicated for the offences under Section 498A, 406, 323 and 354 of Indian Penal Code. The accused


























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