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1993 Supreme(P&H) 278

A.S.NEHRA
Harkishan Lal Chopra – Appellant
Versus
Hans Raj – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.N. Arora, Advocate.
For the Respondent:Mr. Sudeep Mahajan, Advocate.

JUDGMENT

A.S. Nehra, J. - This criminal revision is directed against the order dated 31st August, 1992 passed by the Judicial Magistrate 1st Class, Patiala, by which the application of petition for dismissing the complaint filed by the respondent under Section 500 of the Indian Penal Code.

2. Counsel for the petitioner has contended that the complaint filed by respondent is liable to be dismissed because in case the complaint made by the petitioner to Shri S.K. Sharma, Senior Superintendent of Police, Patiala, is found false, then the petitioner can be tried under Section 182 of the Indian Penal Code.

3. It was further contended by the learned counsel for the petitioner that on the complaint filed by the petitioner, the Court cannot take cognizance of the offence in view of the provisions of Section 195 of the Code of Criminal Procedure.

4. It has been further contended that a plain reading of complaint made by the petitioner to Shri S.K. Sharma Senior Superintendent of Police, Patiala, is to protect the interest of daughter of the petitioner and this imputation was made in good faith and the case of the petitioner is covered by Ninth exception to Section 499 of the Indian Penal Cod












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