- (1.)THIS petition is directed against the order dated 21. 12. 99 passed by the 1st Additional Sessions Judge, durg, in Criminal Revision No. 183/99 whereby learned Additional Sessions Judge has set aside the order dated 20. 4. 99 passed by the Judicial Magistrate, First Class, durg, in Criminal Case No. 29/95 and ordered for closure of the prosecution case in terms of the dictum of pronouncement by the Apex Court in the case of Raj Deo sharma v. State of Bihar.
(2.)THE order impugned is challenged on the ground that the offence punishable under Section 498a of the I. P. C. is not covered and effected by the aforesaid pronouncement of the Apex Court and the limitation as laid down in the cases of "common cause", A Registered Society Through its director v. Union of India and others; and "common Cause", A Registered Society through its Director v. Union of India and others is not applicable in the case of matrimonial offences as held by the Apex Court in the aforesaid two "common Cause" cases.
(3.)I have heard learned counsel for the parties and perused the petition.
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