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2019 Supreme(J&K) 530

SANJAY KUMAR GUPTA
Suresh Gautam – Appellant
Versus
Kartar Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Narinder Kumar Attri
For the Respondent: Sachin Sharma

JUDGMENT :

1. In the present petition filed under Section 561-A of Cr.P.C., petitioner seeks quashment of the complaint together with summoning order dated 11.06.2014 issued in complaint titled Kartar Singh vs. Suresh Gautam, pending before the Chief Judicial Magistrate, Udhampur.

2. The case of the petitioner is that the respondent has filed the complaint before Chief Judicial Magistrate, Udhampur against the petitioner for the commission of offence under Section 342, 344, 504, 506, 323 RPC. It is stated that upon filing of the complaint, learned Chief Judicial Magistrate, Udhampur referred the complaint under Section 202 Cr.P.C. to the learned Mobile Magistrate Traffic, Udhampur for conducting an inquiry. The learned inquiry Magistrate was pleased enough to conduct the inquiry and during the course of inquiry, recorded the statement of complainant as well as his son Surinder Singh and on the strength of the statements made therein, was pleased enough to conclude the commission of offence under Section 348 along with 506 RPC, completely ignoring the facts that neither the complaint nor the statement recorded in support thereof, despite being drafted and filed by learned Advocate, do

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