2003 (9) TMI 8

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..... omplainant was also not competent to file the complaint - The petition is disposed of with a direction to the learned trial court to decide within one month the appropriate application which they propose to move - - - - - Dated:- 26-9-2003 - Judge(s) : J. D. KAPOOR. JUDGMENT J.D. Kapoor J.- Crl. M. No. 5429 of 2003: Exemption allowed subject to all just exceptions. Crl. M. (M) No. 40 .....

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..... ate that the process against him ought not to have been issued. The magistrate may drop the proceedings if he is satisfied on reconsideration of the complaint that there is no offence for which the accused could be tried. It is his judicial discretion. No specific provision is required for the magistrate to drop the proceedings or rescind the process. The order issuing the process is an interim or .....

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