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2007 Supreme(P&H) 1941

L.N.MITTAL
Chaman Lal Goyal – Appellant
Versus
Kaur Singh – Respondent


Judgment

L.N.Mittal, J.

1. Chaman Lal Goyal has filed the instant petition under Section 482 of the Code of Criminal Procedure (for short `the Code) for quashing of criminal complaint dated 28.10.1999 (Annexure P-4) filed by respondent Kaur Singh as well as quashing of restoration application (Annexure P-2) filed for restoration of earlier complaint dated 19.8.1999 (Annexure P- 9), which was dismissed on 20.10.1999 for want of prosecution on account of non-appearance of complainant-respondent.

2. The respondent initially filed complaint (Annexure P-9) dated 19.8.1999 under Section 3(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short `the Act) read with Sections 500, 504, 323 and 506 of the Indian Penal Code, in the Court of Additional Sessions Judge, Bathinda as Special Court under the Act. The said complaint was dismissed for want of prosecution vide order dated 20.10.1999 on account of non-appearance of the complainant-respondent. Thereafter, the respondent filed application (Annexure P-2) dated 28.10.1999 for restoration of complaint (Annexure P-2) by recalling order dated 20.10.1999 and at the same time, the respondent also filed a seco











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