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Sikkim Court May 1983 Judgments

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May 27 1983

Bishnu Prasad Sharma Vs. Kharga Singh Rai and anr.

Court: Sikkim

Decided on: May-27-1983

Reported in: 1983CriLJ1909

ORDERA.M. Bhattacharjee, Actg. C.J.1. The learned Judicial Magistrate, on receipt of the complaint on transfer from the District. Magistrate on 20-11-1979 thought it fit to postpone issue of process and to inquire into the case himself under Section 202 of the Code of Criminal Procedure and, after taking about 16 months to make such inquiry, ultimately dismissed the complaint on 25-3-1981 under Section 203 of the Code, finding no sufficient materials to proceed further On an application filed by the complainant praying for revival of the case, the learned Magistrate registered the same as,a separate Misc. Case on 23-7-1981, issued notice on the accused-opposite party and on the appearance of the latter, handed over a copy of the application to him for filing objection, if any, and on receipt of his written reply on 18-3-1982, heard the parties on 26-4-1982 and finding that 'the O. P. has no objection to the application' ordered that 'the dismissed case stands accordingly revived and th...


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