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1997 Supreme(P&H) 642

V.S.AGGARWAL
Santa Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

V.S.Aggarwal, J.

1. Crl. Misc. No. 8238 of 1997 is allowed.

The sole prayer made by the petitioner in the present petition is for a direction to register First Information Report against respondents No. 5 to 9.

2. Shorn of unnecessary details, suffice to say that petitioners claim is that an offence punishable under sections 323/324/354/427/452/506/148/149 IPC had been committed by respondents 5 to 9 and that despite their complaint, copy of which is Annexure P-3, First Information Report has not even been recorded. Needless to say that respondents 5 to 9 controvert the assertions and claim that it is a counter-blast. It is also contended that respondent No. 7 at the relevant time, on the fateful day i.e. 28.11.1996 was on duty. He further states that against the petitioners, FIR of the same date had been registered and their application seeking anticipatory bail had been dismissed firstly by the Court of Sessions and subsequently in this Court. According to him, the assertions made are patently false and incorrect.

3. The fact remains that on basis of complaint that was made, a cognizable offence is drawn. At this stage, this Court will not express any opinion on the merit




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