LAEEQUE AHMAD JUMMAN Vs. CIVIL JUDGE C D MAGISTRATE HAMIRPUR
LAWS(ALL)-1998-3-93
HIGH COURT OF ALLAHABAD
Decided on March 10,1998

LAEEQUE AHMAD JUMMAN Appellant
VERSUS
CIVIL JUDGE (C.D.) MAGISTRATE, HAMIRPUR Respondents

JUDGEMENT

J.C.Gupta, J. - (1.) Heard applicantTs counsel. This is an application under Section 482 Cr. P.C. with the prayer to quash the proceedings pending before respondent No.1. It may be stated here that on he basis of F.I.R. the case was investigated by the police who submitted charge - sheet against a few persons but filed final report against the applicant. If further appears that thereafter the First informant filed a complaint and after recording the statement under Sections 200 and 202 Cr. P.C. the learned Magistrate has summoned the applicant.
(2.) It has been argued by the applicants counsel that the police submitted final report against the applicant on the basis that the applicant was living in Saudi Arabia the Court below before summoning the present applicant should have taken into account the said fact. The applicant filed revision against the order of summoning but that has also been dismissed by the Court of sessions.
(3.) It has been held in Nirmaljit Singh v. The State of W.B. and another, that the words sufficient ground used in Section 203 Cr. P.C, have been construed to mean the satisfaction that a prima facie case is made out against the person accused by the evidence of witnesses entitled to a reasonable degree of credit, and not sufficient ground for the purpose of conviction.;


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