RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal revision under s. 397/461 read with s. 482, Cr. P. C. against the order and directions dated June 8, 1983 made by the Chief Judicial Magistrate, Sriganganagar.

(2.) THE petitioner is the Chairman of the Urban Improvement Trust, Sri-Ganganagar (for short the U. I. T. ' ). Non-petitioner No. 2 Om Prakash Bansal filed a complaint under secs. 406, 409, 420, 465, 467, 471 and 408 and 120-B, I. P. C. against the petitioner as Chairman of the U. I. T. and non-petitioner No. 3 to 6 in the court of Chief Judicial Magistrate, Sriganganagar on June 2, 1983. THE Chief Judicial Magistrate proceeded to hold an enquiry under s. 202 (1), Cr. P. C. Before examining the witnesses in support of the complaint, a date was fixed for report Before producing the evidence in support of the complaint, the complainant filed an application on June 6, 1983 for summoning of the record mentioned in the application from the office of the U. I. T. , Sriganganagar. On June 7, 1983, the Chief Judicial Magistrate was of the opinion that requisitioning of the record was necessary. He, therefore, ordered that the letter summoning the record be sent to the U. I. T. and it may be directed to send the record before the next date of hearing. In pursuance of the order dated June 7, 1983, a letter dated June 8, 1983 was sent by the Chief Judicial Magistrate, Sriganganagar to the Chairman, U. I. T. , Sriganganagar stating that in connection with the complaint filed by Om Prakash Bansal against Radhey Shyam and others, the record mentioned therein is necessary and, therefore, it may be sent without delay. On receipt of this letter, as this letter was issued to the Chairman, U. I. T. Sriganganagar, the petitioner has filed this criminal revision as aforesaid.

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