RAMCHANDRA Vs. RAMCHANDRA AND ANR.
LAWS(MPH)-1987-7-53
HIGH COURT OF MADHYA PRADESH
Decided on July 10,1987

RAMCHANDRA Appellant
VERSUS
Ramchandra And Anr. Respondents


Referred Judgements :-

STATE OF ORISSA VS. NAKULA SAHU [REFERRED TO]
STATE OF RAJASTHAN VS. GURCHARANDAS CHADHA [REFERRED TO]


JUDGEMENT

K.L. Shrivastava, J. - (1.)This is an application for grant of special leave to appeal against the order dated 12.12.85 passed by the Judicial Magistrate First Class, Susner in Criminal Case No. 27 of 1982.
(2.)Circumstances giving rise to the application are these. On 3.10.81 the petitioner Ramchandra filed a criminal complaint against the non-applicant in the Court of Judicial Magistrate First Class, Susner. On its basis a case under Sections 451 and 323 of the I.P.C. was registered. On 12.12.85 the learned Magistrate passed the impugned order in these terms:
...[VERNACULAR TEXT OMITTED]...

(3.)The Contention of the Petitioner's learned counsel in this Court is that it was the duty of the learned Magistrate to issue coercive processes against the witnesses who were absent despite service.


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