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1999 Supreme(P&H) 1084

T.H.B.CHALAPATHI
Prem Kumar Bhasin – Appellant
Versus
State Of Haryana – Respondent


Judgment

T.H.B.Chalapathi, J.

1. This application is filed under Section 482 of the code of Criminal Procedure for quashing the order dated 18.1.1997 and also to take action against respondents 2 to 5.

2. According to the petitioner on 13.1.1997 the 4th respondent Kashmiri Lal Malhotra, who is in employment of the Government, caused a grievous injury to the petitioner, who is the President of the Municipal Committee. The petitioner lodge an FIR No. 12 dated 13.1.1997 which was registered by the Police under section 325 I.P.C. instead of section 333 IPC. The 4th respondent was arrested by the Investigating Officer namely the 5th respondent who moved an application to the Illaqa Magistrate for obtaining police remand and the Judicial Magistrate Ist Class, Jagadhari, by his order dated 17.1.1997 remanded the 4th respondent to police custody for a period of two days and directed the police to produce him in the Court on 19.1.1997 and the bail application was ordered to be put up before him on 25.1.1997. It is further alleged that after police remand on 17.1.1997, the 3rd respondent namely Ms Neerja, Sub Divisional Magistrate, Jagadhari, visited the Police Station, Sadhaura and met the a





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