K L DHAR Vs. MUZAFFAR AHMAD
HIGH COURT OF JAMMU AND KASHMIR
K L Dhar
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(1.) THROUGH the medium of this petition under Section 561 -A Cr.PC, the petitioners seek quashing of complaint titled Muzaffar Ahmad versus K.L.
Dhar and others, pending before Judicial Magistrate First Class, Banihal,
under Sections 323/504/420/506 RPC.
(2.) HEARD learned counsel for the parties.
During the course of hearing of this petition, it transpired that the learned Magistrate has issued process against the petitioner on the basis of the statements of the complainant and his witness, Mohammad Iqbal, which statements appeared to have been recorded without administering oath. These statements could not, thus, form basis for considering issuance or otherwise of process under Section 204 of the Code of Criminal Procedure.
(3.) SECTION 200 of the Code of Criminal Procedure mandates the Magistrate to record the statements of complainant and his witness/s upon
oath and not otherwise.
This mandate having not been followed by Magistrate renders his order dated 20th of May, 2004 unwarranted and illegal.;
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