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2006 Supreme(P&H) 3519

RAJIVE BHALLA
Beni Parshad – Appellant
Versus
State Of Haryana – Respondent


Judgment

Rajive Bhalla, J.

1. Prayer in the present petition, filed under Section 482 read with Section 401 of the Cr.P.C., is for quashing of the summoning order, dated 27.9.2005. (Annexure P-4), passed by the Chief Judicial Magistrate, Kurukshetra, as also the order dated 4.4.2006 (Annexure P-5) passed by the Additional Sessions Judge, Fast Track Court, Kurukshetra, directing framing of charges, under Sections 323/307/34 of the IPC.

2. Counsel for the petitioners contends that in compliance with an administrative order, passed by the learned Sessions Judge, Kurukshetra, requiring all cancellation reports, disclosing offences, exclusively triable by a Court of Sessions, to be forwarded to the Sessions Judge, the learned Magistrate forwarded the cancellation report to the Court of Sessions. The Additional Sessions Judge, Fast Track Court, Kurukshetra, who was entrusted with the cancellation report, had no jurisdiction to remit the matter to the Chief Judicial Magistrate to consider a protest petition. The Magistrate had no jurisdiction to treat the protest petition as a private complaint, proceed thereafter to record evidence and summon the petitioners. It is further contended that








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