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1999 Supreme(P&H) 568

R.L.ANAND
Union of India – Appellant
Versus
State of Punjab - Complainant – Respondent


Advocates Appeared:
For the Petitioners:Mr. Anil Rathee, Advocate.
For the Compalanant :Mr. S.S. Randhawa, D.A.G., Punjab and Mr. U.S. Sahni, Advocate.

JUDGMENT

R.L. Anand, J. - Petitioners in this case are Union of India and Commander Headquarters Punjab, Haryana and Himachal Pradesh and they have filed the present petition under section 482 of the Code of Criminal Procedure for setting aside the order dated 13.3.1999 passed by learned Additional Chief Judicial Magistrate, Patiala in case F.I.R. No. 250 dated 9.8.1997 under sections 279/304-A/427 of the Indian Penal Code vide which the learned Magistrate declined the application of the Military Authorities for bifurcation of the challan submitted by the police of Police Station Sadar, Patiala against the above said F.I.R. and transfer of relevant documents in original to Army Authorities for progress of the case as per Army Act. Some facts can noticed in the following manner :-

2. A criminal case F.I.R. No. 250 dated 9.8.1997 under sections 279/304-A/427 Indian Penal Code was registered in Police Station Sadar, Patiala. In the F.I.R. Nk/MT S.V. Ghode was not named as an accused but during the course of investigation police came to the conclusion that the offence has been allegedly committed by Mr. S.V. Ghode and one civilian. Mr. Ghode was taken into custody also during investigat








































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