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2023 Supreme(J&K) 533

M. A. CHOWDHARY
Om Raj Sharma – Appellant
Versus
Banto Devi – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Koul, Mr. Z.A. Qazi.
For the Respondents: Mr. Ashish Sharma, Mr. Bhanu Jasrotia, GA.

JUDGMENT :

1. The petitioner are aggrieved of and have challenged order dated 20.10.2013, passed by learned Judicial Magistrate (Munsiff), Rajouri (“Magistrate”) whereby cognizance of the offence punishable under Section 302 RPC was taken by the trial Court against the petitioners and directed their personal appearance for committal of the case, in terms of Section 205-D CrPC, for Sessions Trial.

2. Before adverting to the grounds of challenge urged by the petitioners to assail the impugned order, it would be apt to note facts, in brief, leading to the filing of this petition.

3. A complaint was lodged by respondent No.1, before Senior Superintendent of Police, Rajouri alleging therein harassment, beating and snatching of jewelry etc against her husband, namely, Prabh Dayal. On her complaint, SSP Rajouri directed petitioner No.1 to call and present said Prabh Dayal before him. In compliance, petitioner No.1 deputed petitioner Nos. 2 and 3 on 12th February, 1995 to bring said Prabh Dayal in the Police Station so that he may be presented before the SSP Rajouri. As per the police, when the said Prabh Dayal was being brought to the Police Station in a bus, he alighted from the bus on the

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