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2005 Supreme(J&K) 365

Y.P.NARGOTRA
Amrik Singh – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: G.S. Thakur
Advocate For Respondent: V.R. Wazir

1. "Whether a Magistrate, after having taken cognizance and issued process in terms of Sec.204 Cr.P.C. against an accused on a private complaint, can, on the application of the accused, drop the proceedings?" is the question involved in this petition. The facts shortly put are that the petitioner herein filed a complaint against the accused-respondent for commission of offence U/S 420 RPC in the court of Chief Judicial Magistrate Doda on 20.7.2001. Learned C.J.M. took cognizance for the offence U/S 420 RPC and issued the process for appearance of the accused. Trial Court directed the complainant to produce his evidence. However, before the trial court could record the evidence of the complainant, the accused moved an application on 18.3.2002 seeking dropping of the proceedings on the ground that the dispute involved was of a civil nature. Learned C.J.M. allowed the prayer of the accused, and dismissed the complaint and discharged them. The complainant-petitioner questioned the legality of the order of the learned C.J.M. before the learned Addl. Sessions Judge Doda, however he by his order dated 24.8.2004 dismissed the revision petition and upheld the order of the trial court, hence




























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