ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482, Criminal Procedure Code, has been filed by Ashok Kumar, Subhash Chand and Rattan Lal praying therein that the order pased by the Judicial Magistrate, Ist Class, Faridabad, dated 29th October, 1984, and the proceedings before the said Judicial Magistrate, which have culminated from a police challan and a private complaint for offences under Section 468, and 420, Indian Penal Code, be quashed.

(2.) THE facts which gave rise to this petition are as follows.

(3.) THE sole contention raised by Mr. Behl, learned counsel for the petitioners, is that the view taken by the Magistrate that the bail proceedings are not judicial proceedings, and that the Magistrate does not act as a Court is erroneous. He placed reliance on a Supreme Court judgment in Kamalapati Trivedi v. The State of West Bengal, AIR 1979 SC 679, wherein their Lordship were pleased to hold :-