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2013 Supreme(Sikk) 20

PIUS C.KURIAKOSE
Radhey Shyam Swami – Appellant
Versus
Amrit Singhi – Respondent


Advocates Appeared:
For Petitioner:Mr. Eklovya Rai Nagpal, Advocate.
For Respondents:M/s. A. Moulik, Sr. Advocate with K. D. Bhutia, Manish Kr. Jain, Pujan Kharka and Ranjit Prasad, Advocates for respondent No.1. M/s. Karma Thinlay, Sr. Govt. Advocate and S. K. Chettri, Asstt. Govt. Advocate for the State-respondent No. 2.

JUDGMENT

Pius, CJ

This petition is filed by the first respondent in Crl. Revision No. 4 of 2009 on the files of the Court below namely, the Sessions Court, East and North Sikkim at Gangtok, invoking not only the constitutional provisions under Articles 226 and 227 of the Constitution of India but also under Section 482 Cr. P.C. -the inherent jurisdiction of this Court, seeking quashment of order passed by the Court below setting aside orders of discharge, which had been given to the petitioner by the Chief Judicial Magistrate, East and North Sikkim at Gangtok in Private Complaint Case Nos. 2/2010, 03/2010 and by Judicial Magistrate’s Court in 13/2010, where the petitioner was the accused. Copies of the orders passed by the learned Chief Judicial Magistrate have been placed on record by the petitioner in Private Complaint Case No. 2/2010 and 3/2010 respectively as Annexures P-2 and P-3, while Annexure P-4 is the order of discharge passed by the learned Judicial Magistrate (East & North) at Gangtok in favour of the petitioner and Annexures P-2 and P-3 are orders passed by the Chief Judicial Magistrate subsequent to passage of the impugned order in revision by the learned Sessions Jud




































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