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2011 (8) TMI 288

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..... be allowed to see the judgment? YES   2. To be referred to the Reporter or not? YES   3. Whether the judgment should be reported in the YES Digest? SURESH KAIT, J. (Oral) Crl.MA. No.16799/2010 (delay) For the reasons explained, delay of 20 days stands condoned. Criminal M.A. stands disposed of. CRL.REV. P.No.694/2010   1. By the present revision petition, petitioner has assailed .....

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..... ed and the vide order dated 24.11.2009, ld.ACMM; New Delhi directed for publication of the process under Section 82 Criminal Procedure Code, returnable for 23.04.2010. On the said date, ld.Presiding Officer was on leave, however the report on the process under Section 82 Cr.P.C. was filed and the matter was fixed for 28.06.2010 by the Link Magistrate for consideration of the report. 4. He further .....

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..... non prosecution."   5. Ld. counsel for the petitioner submits that ld.ACMM; New Delhi has totally gone wrong in dismissing the complaint on the ground that complainant failed to take the steps for publication of process under Section 82 Cr.P.C. 6. Further, ld.counsel has relied upon the judgment of this Court dated 12.07.2010 passed in Criminal Petition No.348/2010 in the case titled as 'U .....

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..... ot acting properly, an action should be ordered by the Court against the official of the investigating agency by superior officials but that would not give an excuse to the Court to let off the accused or let off any other person or refuse to issue process in accordance with law. The impugned order dated 23rd February 2010 is hereby set aside and learned ACMM is directed to proceed against accused .....

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..... direct that complaint case No.CC1101/03 is restored to its original number and stage. 10. It is made clear that in the event of non taking of steps by the petitioner as per the directions of the trial court, the trial court shall be at liberty to pass orders as per law. 11. Accordingly, the petitioner is directed to appear before ld. ACMM; New Delhi on 18.08.2011 for further directions. 12. Cr .....

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