2010 (7) TMI 1104

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..... the submissions made therein, the application is allowed and the delay in filing the present petition is hereby condoned. The application stands disposed of. CRL.REV.P. 348/2010 This revision petition under Section 397 read with Section 401 of the Code of Civil Procedure has been made by the petitioner against an order dated 23rd February 2010 passed by learned ACMM whereby an applicat .....

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..... s not affixed at some conspicuous part of the Court house or to some conspicuous part of the house or home of respondent. On this ground, the learned ACMM refused to issue further proceedings. I consider that the attitude of learned ACMM was quite strange and contrary to law. The Court cannot fall in a trap of inaction on the part of investigating agency or prosecution. If the accused and the p .....

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..... roceed against accused and allow the application moved by the petitioner and see to it that proceedings under Section 82/83 and other provisions of Cr.P.C are complied with by the prosecution. However, the counsel for the petitioner states that the notice was served upon the wife of the respondent/accused and therefore there was no requirement of reading it or pasting it in Village as an adult .....

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