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1977 Supreme(All) 182

H.N.SETH
Chiraunji Lal Pachauri – Appellant
Versus
State – Respondent


H. N. SETH, J.

( 1 ) BY this application Under Section 482 of the Cr P. C,. the applicant Chiranji Lal Pachaurj prays that the orders dated 14th May, 1976 and 19th June 1976, passed by the Munsif Magistrate, Mathura be quashed and he be directed to deal with the criminal case against the applicant, pending before him, in accordance with law.

( 2 ) THE facts giving rise to this application, briefly stated, are that on 8th February 1972 one Radhey Shyam (opposite party No. (2) lodged a First Information Report at the police station Kotwali, Mathura, on the basis of which a case Under Section 457 I. P. C. was registered against the applicant. While the police was investigating the case, Radhey Shyam on the basis of the same facts, filed a complaint Under Section 457/380 I. P. C. against the applicant on 14th August, 1970, In due course, the police completed investigation and submitted a charge-sheet Under Section 448 I. P. C. against the applicant on 26th August, 1974 after the repeal of the Cr. P. C. 1898, (hereinafter referred to as the old Code, and enactment of Cr. P. C. , 1973, hereinafter referred to as the new Code ). Subsequently, both the complaint and police cases came to be














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