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1987 Supreme(All) 227

B.L.YADAV
PRATAP SINGH SHISHODIA – Appellant
Versus
STATE – Respondent


R. L. YADAV, J.

( 1 ) BY this revision under Section 397/401 of the Code of Criminal Procedure, 1974, (for short the Code), the order dated 27/8/1984 and the order dated 6/9/1984, purporting to be orders of discharge passed under Section 245 of the Code, are sought to be quashed.

( 2 ) THE case has got a chequered history. One Devi Shankar Sharma, the District Harijan and Social Welfare Officer, Meerut, filed a written report against Rajendra Kumar Tyagi, opposite party No. 1, dated 18/20. 12. 1976 for the offence under Sections 409/420/468, I. P. C. The police of Baghpat, Distt. Meerut, in Crime No. 248/76, investigated the matter and submitted a final report. But one Pratap Singh Shishodia, the present applicant, filed a complaint before the Chief Judicial Magistrate, stating that the final report has incorrectly been submitted. On that complaint the chief Judicial Magistrate rejected the final report by order dated 20-11-1978 and passed an order for issuing process against opposite party No. 2 Rajendra Kumar Tyagi. Against the order dated 20-11-1978 of issuing process, Rajendra Kumar Tyagi filed a revision before the Sessions Judge Meerut which was dismissed by the VII Addi. Ses






















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