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1967 Supreme(All) 164

K.C.PURI, C.D.SAHGAL, R.CHANDRA
Chhajoo – Appellant
Versus
Radliey Shyam – Respondent


Advocates:
S.D. Misra, for Appellant; Bishun Singh and B.C. Agarwal for Respondent.

Judgement

G. D. SAHGAL, J. :- The respondent to this appeal submitted to this Court a petition under Article 226 of the Constitution for a writ of mandamus in which the appellant was arrayed as one of the opposite parties. The writ petition was allowed. Later on the respondent who was the petitioner in those proceedings moved an application under Sec. 176 of the Code of Criminal Procedure for proceeding against the appellant praying that in the interests of justice after a preliminary inquiry a complaint under Section 193 read with Sec. 199, Indian Penal Code be preferred against the appellant. The application came up for hearing before our brother Njgam who had decided the writ petition. After holding an inquiry he recorded a finding that it was expedient in the interests, of justice that in inquiry be held as to whether an offence mulct Section 193 read with Section 199 of the Indian Penal Code which is mentioned in Clause (1)(b) of Section 195 of the Code of Criminal Procedure has been committed. As a result thereof he directed that a complaint be made against the appellant in respect of certain acts mentioned in the order. He also directed the counsel for the respondent (the app




























































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