DAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On the question of the presentations and prosecution of the complaint the matter is covered by a decision of this court in S.B. Criminal Revision No, 159 of 1976, Dhaliya Vs. State of Rajasthan decided on Nov. 29, 1982. In view of that authority, the prosecution of the complainant by the Assistant Public Prosecutor is invalid on this ground along the conviction and sentence of the petitioner deserves to be set aside.

(3.) Accordingly, the revision petition is allowed. The conviction and sentence of the petitioner are set aside and he is discharged. The petitioner shall be released forth with, if not required in any other case. Revision allowed.