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1991 Supreme(P&H) 159

S.S.GREWAL
Sita Ram Son Of Dhani Ram – Appellant
Versus
Dhakuntla Devi – Respondent


Judgment

1. This petition u/S. 482 of the Criminal P. C. 1973 (hereinafter referred to as the Code) relates to quashment of order passed by the Additional Sessions Judge, Ludhiana dated 2nd of Dec. 1987, Annexure P/5, whereby the revision petition filed by the accused petitioners against the order dated26th of March, 1987 passed by the Judicial Magistrate Ist Class, Ludhiana, Annexure P/4 refusing the set aside the order for restoration of complaint dated 14-12-1985, was dismissed.

2. In brief facts relevant for the disposal of this petition, are, that the complainant respondent filed complaint u/Ss. 323 / 452 / 504 / 506 / 436 / 354 / 440 / 148 / 149 of the Penal Code against the petitioners wherein all the accused were summoned by the Judicial Magistrate Ist Class, Ludhiana u/S. 452 of the Penal Code, Besides, Chhote Lal and Sita Ram were summoned u/S. 506 of the Penal Code. Thereafter the complaint was at evidence stage and on 9th of Nov. 1985, the date fixed before the Judicial Magistrate Ist Class, the complainant did not appear and on that ground the complaint was dismissed in default. After that the complainant moved an application for restoration on the ground that her son h








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