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1991 Supreme(P&H) 115

G.S.CHAHAL
Sanjeev – Appellant
Versus
Rajinder Parshad – Respondent


Judgment

G. S. Chahal, J.

1. The petitioners seek the quashing of the complaint No.131-C dated 5-8-1989, under Sections 323, 506, 148 and 149 of the Indian Penal Code and Sec.25 of the Arms Act, filed by Rajinder Parshad respondent against them and Bilu, in the Court of the Chief Judicial Magistrate, Hissar and the orders of the Sessions Judge, Hissar dated 21-5-1990 and all the consequent proceedings.

2. I need not give the details of the allegations made in the complaint, as the matter is to be decided on a legal issue. The complaint of the respondent was pending in the Court of the Chief Judicial Magistrate, Hissar and fixed for 10-8-1989 for remaining preliminary evidence: On that date, none being present, it was dismissed in default. An application was then moved by the respondent and vide another order of the same date, the complaint was restored and the case was fixed for remaining preliminary evidence for 16-8-1989. After recording preliminary evidence, the Chief Judicial Magistrate summoned only Bilu to stand trial under sec. 323, I. P. C. This did not satisfy the respondent and he preferred a revision which was accepted by the learned Sessions Judge, Hissar vide order date

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