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2018 Supreme(J&K) 580

SANJAY KUMAR GUPTA
Amrik Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rupinder Singh.
For the Respondent: Mr. Raman Sharma.

JUDGMENT :

1. This petition under Section 561-A Cr.P.C. seeks quashing of the Challan No. 168 of 2016 dated 27.10.2016 as well as the order dated 11.07.2017 passed by the learned Judicial Magistrate 1st Class (Sub-Judge) Jammu in case titled State vs. Amrik Singh and Others, by virtue of which the petitioners have been charged under Sections 382/506/34 RPC as also the criminal proceedings launched subsequent to the filing of the challan against the petitioners.

2. The brief facts necessary for adjudication of the petition are that on 21st of July, 2016 one Daljeet Singh S/o Harbans Singh R/o H. No. 168, Ward No. 3, Govind Pura Satwari Cantt. Jammu filed a complaint in the Court of Chief Judicial Magistrate, Jammu. The learned Chief Judicial Magistrate, Jammu forwarded the complaint in original to Station House Officer, Police Station, Trikuta Nagar, Jammu under Section 156(3) Cr.P.C. for investigation under law. The said complaint was investigated and the petitioners were allegedly shown to have committed offence under Section 382/506/34 RPC.

3. Learned counsel for the petitioners states that according to the final report submitted before the Court under Section 173 Cr.P.C. the case s
















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