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2007 Supreme(J&K) 51

MANSOOR AHMAD MIR
Sham Sunder – Appellant
Versus
Shikha Sharma – Respondent


Advocates Appeared:
Advocate For Appellant: J.S. Kotwal
Advocate For Respondent: D.K. Khajuria

1. Petitioners have invoked the jurisdiction of this Court by the medium of this petition for quashing of proceedings in the complaint titled Dr. Shikha Sharma v. Sham Sunder and ors under Section 295 RPC drawn by Special Judge (Principal Sessions Judge), Jammu on the grounds taken in the petition.

2. Heard.

It appears that Dr. Shikha Sharma-complainant filed a complaint before Special Judge-Principal Sessions Judge, Jammu for the commission of offences punishable under Sections 504, 295, 295-A read with Section 34 of the Ranbir Panel Code, for short, "RPC". Preliminary statements of complainant and one witness came to be recorded on 6th of October, 2005 and after going through the complaint and the said statements, trial Court- Special Judge has drawn cognizance and issued process against the accused-petitioners herein for the commission of offence punishable under Section 295 RPC. Summons came to be issued to the accused-petitioners.

3. Feeling aggrieved, this petition came to be filed. Notice came to be issued and proceedings came to be stayed vide order dated 11.11.2005. Record was also summoned. This is how the proceedings in the complaint came to be delayed.

4. The crucial point







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