Sunil Likhi And ORS v. State Of Punjab And Another

  

       




   
 
 


  

 




  

       


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 - <Case heard via video conferencing.

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   counsel for the petitioners seeks to place on record a judgment of the Supreme Court in Abhinandan Jha and others vs. Dinesh Mishra, AIR 1968 SC 117.

-2No notice having been issued in the accompanying petition, none is required to be issued in this application, which in any case has to be allowed, it simply being a copy of a judgment that he seeks to place on record.

Consequently, the application is allowed and the copy of the said judgment is taken on record as Annexure P-5 with the accompanying petition.

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In these two appeals, one other fact will have to be taken note of. It is not very clear as to whether the Magistrate, in each of those cases, has chosen to treat the protest petitions, filed by the respective respondents, as complaints, because, we do not find that the Magistrate has adopted the suitable procedure indicated in
the Code, when he takes cognizance of an offence, on a complaint made to him. Therefore, while holding that the orders of the Magistrate, in each of those cases, directing the police to file charge-sheets, is without jurisdiction, we make it clear that it is open to the Magistrate to treat the respective protest petitions, as complaints and take further proceedings, according to law, and in the light of the views expressed by us, in this judgment."

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the trial court is directed to adjourn the matter to a date beyond that given by this court.

A gazetted officer shall file a reply to the petition, obviously after taking due legal advice."   

 

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   dharamvir/ JUDGE
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