Misc. No.11852 of 1984 dt.27-10-2016
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else. I am quoting this only to show the efforts made by the
legislature ... quashed the proceedings under Section 482
of the Cr.P.C. I may quote what was said in the under-noted
paragraphs of the judgment
then further order dated
22.12.2007 (Annexure P-3) was passed. I quote the relevant portion from
the said order dated 22.12.2007 which is as under
Misc. No.11852 of 1984 dt.27-10-2016
- 12 -
else. I am quoting this only to show the efforts made by the
legislature ... quashed the proceedings under Section 482
of the Cr.P.C. I may quote what was said in the under-noted
paragraphs of the judgment
Bhalchandra Lakshmishankar Dave vs State Of Gujarat & on 24 August, 2016
Author: J.B
Indian Penal
Code can be committed only by public servant. I quote Section
466 of the Indian Penal Code as under:-
"466. Forgery ... will have to be quashed and set aside.
Hence, I make the following order.
Order
(i) Criminal Revision Application is allowed.
(ii) Impugned order
cited supra], the Supreme Court stated thus in para 31 which I quote
hereunder:-
"31. We have already indicated that there
parties.
The prosecution has filed additional reply in the present case.
I quote, paragraph 3 and 4 therefrom which reads thus:-
"3. That ... Nephew driver has been apprehended by the police, hence
on his request I along with Nehat Masih reached at the gate of
CIA to Panipat
gone through the facts and
ratio laid down in the above quoted cases. I
respectfully agree with the law laid down in the above
quoted ... cases. I have borne in mind the ratio laid down
in the above quoted cases while appreciating the
evidence and on coming to the conclusion
anything qua alleged
rashness/ negligence on the part of accused.
14. I quote with profit the law laid down in " Abdul Subhan Vs. State ... above said discussions as well as the material
available on the record I am of the considered view that the prosecution has
failed to prove
proving the said fact,
prosecution has relied upon testimony of PW2 i.e. complainant Sh. Dibarkar Sarkar.
Perusal of his testimony however reveals that ... would not justify a charge for indictable rashness and negligence.
17. I quote with profit the law laid down in " Abdul Subhan Vs. State
