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1987 Supreme(P&H) 500

I.S.TIWANA
Vijay Kumar – Appellant
Versus
Bachnu – Respondent


Advocates Appeared:
For the Petitioner:Mrs Madhu Tewatia, Advocate.
For the Respondent No. 1:Mr. Megh Raj, Advocate.
For the Respondent No. 2:Mr. Jaspreet Singh, Advocate.

JUDGMENT

I.S. Tiwana, J. - As a result of respondents complaint dated 9th August, 1985, and recording of evidence under Section 202 of the Code of Criminal Procedure (for short the Code), the petitioner was summoned by the Chief Judicial Magistrate, Ropar, vide his order dated 7th October, 1985, to face trial under Section 232/505 of the Indian Panel Code. However, before the accused petitioner actually put in appearance before that court, the complaint was dismissed by the said court on 28th February, 1986, for the reason that the complainant had failed to carry out the directions given by the court vide its order dated 7th February. 1986, to furnish complete and better particulars of the accused within a period of four days from that order and to deposit the necessary process fee, etc. Apparently, this order was passed in terms of sub-section (4 of section 204 of the Code. The respondent successfully assailed this order before the Session Judge, Ropar by way of a revision petition. The learned judge without issuing notice to the accused, i e, the petitioner, allowed the revision of the respondent and while setting aside the order of the trial magistrate dated 28th February, 1986,











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