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2006 Supreme(P&H) 583

VIRENDER SINGH
Balbir Kaur Aujla – Appellant
Versus
Balraj Singh – Respondent


Judgment

Virender Singh, J.

1. The instant revision petition has been filed by the complainant against the impugned order of learned Judicial Magistrate Ist Class, Jalandhar dated 22.1.1996, vide which respondent Balraj Singh has been discharged. The order reads thus :-

"Present : None for the complainant Accused on bail with counsel. ORDER No evidence of the complainant is present. Complainant has also not appeared in the court inspite of repeated calls since morning. It is 3.10 PM now. Complainant has not come present nor any evidence of the complainant is present. The case is summon case. Therefore, the complaint is dismissed, in default for want of prosecution. File be consigned to the record. The accused is discharged from the complaint. Pronounced Sd/- Dated : 22.1.96 Judicial Magistrate I Class, Jalandhar"

2. There is a delay of a few days in filing and refiling the instant petition for which two Misc. application have been moved by the petitioner. The record further reveals that during the pendency of the instant revision petition, the Complainant had also died and the counsel for the petitioner sought time to place on record the LRs of the Complainant. Subsequently, Misc. a



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