Himachal Pradesh Court July 1979 Judgments
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Darshan Kumar Vs. Sushil Kumar Malhotra and ors.
Court: Himachal Pradesh
Decided on: Jul-11-1979
Reported in: 1980CriLJ154
ORDERT.R. Handa, J.1. The petitioner herein filed a criminal complaint under Sections 143, 148, 149, 379, 380, 382, 452, 453, 454, and 461 I. P. C. against all the 63 respondents in the court of Sub Divisional Magistrate, Chamba which complaint was later on with the enforcement of the Code of Criminal Procedure, 1973 transferred to the Court of Chief Judicial Magistrate, Chamba. Respondents Nos. 1, 3 and 4 are admittedly public servants not removable from office save by or with permission of the State Government. The learned Chief Judicial Magistrate after recording the preliminary evidence of the petitioner, vide his order dated 10-6-1976 summoned only 21 out of 63 respondents under Sections 143, 379, 380 and 461 read with Section 149, Indian Penal Code. As regards respondents 'Nos. 1, 3 and 4 the learned Chief Judicial Magistrate observed that he could not take cognizance against these respondents without the sanction of the State Government as contemplated by Section 197 of the Code...
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