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2014 Supreme(MP) 650

ALOK VERMA
Ashok Agrawal – Appellant
Versus
State of M. P. – Respondent


ORDER

1. This application under section 482 of CrPC is directed against the order passed by learned 1st Additional Sessions Judge, Ratlam in Criminal Revision No.76/2014 which in its turn, directed against the order passed by learned Judicial Magistrate Second Class, Ratlam in Criminal Case No.2274/2011 dated 11.4.2014.

2. The facts necessary for disposal of this application are that on 29.8.2011, a charge-sheet was filed under section 188 of IPC on the ground that the present applicant promulgated the order passed by the District Magistrate under section 144 of CrPC and in violation of the order, he sold textbook and note-book. By the impugned order dated 11.4.2014, the learned Judicial Magistrate considered the charge sheet and the objection raised by the present applicant that without any complaint filed by the District Magistrate, cognizance cannot be taken by the Magistrate under section 195 of CrPC. The learned Courts below observed that the District Magistrate Rajendra Sharma addressed a letter dated 23.8.2011 to the Chief Judicial Magistrate, Ratlam and it was expected in the letter that the Court would take cognizance of the offence. Placing reliance on the judgment of Hon’b




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