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1985 Supreme(P&H) 396

K.S.TIWANA, S.S.DEWAN
Court On Its Own Motion – Appellant
Versus
Shamsher Singh Bedi – Respondent


Judgment

K.S.TIWANA, J.

1. The facts of this case which can be gleaned from the different documents placed on the file, are that Gurdial Singh contemner was arrested in case F. I. R. No. 25 Dt. 24th April, 1983, of Police Station Anandpur Sahib, district Ropar, for various offences, including under Ss. 307/353/392/394 etc. of the Indian Penal Code. Gurdial Singh was produced before Shri N. C. Prashar, Judicial Sub Divisional Magistrate, Anandpur Sahib by the police for remand. Shri Prashar did not agree with the request for granting police remand, but granted judicial remand. According to Gurdial Singh, order dt. 27th April, 1983 passed by Shri N. C. Prashar, Judicial Magistrate, Annexure-R 2/1 with his reply, shows that the Magistrate was satisfied that there was no injury, which may be actionable under S. 307, Indian Penal Code, and that offence under sec. 392/394, Indian Penal Code, was also not strictly made out. It was this reason which led Shri N. C. Prashar to refuse police remand. On the same day Shri Prashar refused application for bail filed by Gurdial Singh. Gurdial Singh was, however, released on bail by the learned District and Sessions Judge, Ropar.

2. Gurdial Singh co












































































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