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1972 Supreme(Mad) 513

M.SANTHOSH
G. Govindaraju – Appellant
Versus
Babu Poojary – Respondent


Advocates:
K. Shivashankar Bhat and B.V. Acharya, for Petitioner.
M. Gopalakrishna Shetty, for Respondent.

Order.-

The petitioner before this Court is a Sub-Inspector of Police. A complaint was filed against him in. the Court of the Additional Munsiff-Magistrate, Karkal, alleging that he had committed offences under sections 325 and 342, Indian Penal Code. The learned Magistrate took cognizance of the offences and issued process against the accused. After the accused entered appearance, he raised a preliminary objection before the Migistrate that the Court had no jurisdiction to take cognizance of the offences as the same was barred by the provisions of section 170 of the Mysore Police Act, 1963. After hearing arguments, the learned Magistrate upheld the said contention taken by the accused and discharged the accused. The complainant filed a revision petition before the learned Sessions Judge challenging the said order of discharge passed by the learned Magistrate. The learned Additional Sessions Judge, South Kanara, allowed the revision petition, set aside the order of discharge passed by the learned Magistrate and remanded the case to the lower Court with a direction to proceed with the case according to law. This order passed by the learned Sessions Judge is challenged in this revisi






















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