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JASJIT SINGH BEDI
Arun Gupta – Appellant
Versus
J. P. Meena – Respondent
| Table of Content |
|---|
| 1. setting aside discharge orders based on procedural grounds. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions on proper application of charge under cr.pc. (Para 6 , 7) |
| 3. clarification on summons vs. warrant cases and discharge. (Para 8 , 9 , 10 , 11) |
| 4. quashing of discharge, remanding for trial. (Para 12 , 13 , 14) |
Judgment
Mr. Jasjit Singh Bedi, J.
The prayer in this petition under Section 482 Cr.PC is for setting aside order dated 20.12.2014 (Annexure P-5) passed by the Judicial Magistrate Ist Class, Rohtak vide which the respondent/accused came to be discharged and the order dated 17.09.2015 passed by Additional sessions Judge, Rohtak (Annexure P-7) whereby the order of discharge was upheld with a further prayer that the proceedings be continued against the respondent/accused in furtherance of the complaint dated 23.05.2012 and summoning order dated 29.10.2013.
2. The brief facts of the case are that the petitioner-complainant (hereinafter known as the complainant) filed a complaint under Section 500 IPC and 501 IPC against the respondent/accused (hereinafter known as the accused). The copy of the complaint dated 23.5.2012 is attached as Annexure P-1 to the petition.
The p
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