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2018 Supreme(P&H) 4830

M.M.S.BEDI, AUGUSTINE GEORGE MASIH
Mangal Pass Gautam & Anr. – Appellant
Versus
State Of Harvana & Anr. – Respondent


Advocates Appeared:
Mr. Puneet Bali, Senior Advocate with Ms. Monika Thakur, Advocate for the Appellants; Mr. S.S. Pannu, Deputy Advocate General, Haryana. Mr. J.S. Thakur, Advocate for respondent No.2

JUDGMENT

Augustine George Masih, J. - This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed for quashing of FIR No.238 dated 19.10.2012, registered under Sections 323, 406, 498-A and 506 of the Indian Penal Code, at Police Station Ambala Sadar, District Ambala and all other consequential proceedings arising therefrom, by Mangal Dass Gautam and his wife Neelam Gautam (father-in-law and mother-in-law of respondent No.2-complainant Neha) through Charanjit Singh, their Special Power of Attorney.

2. On preliminary objection raised by respondent No.2 complainant that the petition is not maintainable through a Power of Attorney as the same has not been filed by the petitioners themselves, therefore, deserves dismissal, was considered by the learned Single Judge where two conflicting judgments were cited before the Court, one being Amit Ahuja Vs. Gian Parkash Bhambri, 2010 (3) R.C.R. (Criminal) 586, where it was held that a petition under Section 482 of Cr.P.C. is not maintainable through Attorney resulting in its dismissal, another being of a Coordinate Single Bench Kuldeep Singh Jaswal & others vs. Jaspal Singh & another, 20

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