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2004 Supreme(P&H) 1345

AMAR DUTT
Sanjay Dalmia – Appellant
Versus
State Of Haryana – Respondent


Judgment

Amar Dutt, J.

1. Petitioner-Sanjay Dalmia is aggrieved by an order passed by the Special Judicial Magistrate, Ist Class, Ambala, under Section 319 of the Code of Criminal Procedure summoning him to stand his trial along with eight other accused challaned by the Central Bureau of Investigation under Sections 167, 193, 211, 420, 465 and 471 read with Section 120-B IPC.

2. The facts leading to the filing of the challan are not in dispute. Admittedly, on 30th July, 1994, a report is stated to have been lodged by one Sarvjeet Chauhan, resident of House No. 1273, Pocket-B, Hari Nagar, Delhi- 110064, at Police Station Sahibabad against one Uma Shankar Sitani. On the basis of the said report, Criminal Case bearing FIR No. 656 of 1994, under Sections 504/506 IPC was registered in the aforesaid police station. No step was, however, taken in relation to the investigation of the said matter till September 12, 1994, on which date the Investigating Officer Shri R.K. Singh, Sub-Inspector of Police, allegedly recorded the statement of the complainant and thereafter on 16th September, 1994, non-bailable warrant was issued for the arrest of Uma Shankar Sitani by the Chief Judicial Magistrate
















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