Excelsior Correspondent
JAMMU, Apr 11: The State High Court has stayed the proceedings against Kamal Nain Singh, son of late Khyali Ram Singh of Barnai, Jammu till next date of hearing of the court.
While going through the petition filed by Kamal Nain Singh, Justice Virender Singh issued orders of stay till next date of hearing in the proceedings arising out of FIR No 06/2014 registered with Police Stations Crime Branch, Jammu for the offences under Section 420,465,467,468,471 & 120 -B-RPC read with Section 5 (2) of prevention of Corruption Act which were initiated on the direction of Judicial Magistrate Ist Class (Forest Magistrate) Jammu vide order dated March 13, 2014.
The petitioner through his advocate S K Shukla had prayed before High Court for quashing of March 13 order of Judicial Magistrate for challenging his PRC.
Mr Shukla submitted before the High Court that after holding an enquiry in terms of Section 202 CrPC in a complaint filed by the complainant, the Magistrate could not direct the registration of the case as done vide impugned order in the present case, relying upon the judgment of Supreme Court in Lalita Kumari Versus State of UP.
He also prayed that the impugned order is absolutely contrary to the provisions of Sections 200, 201, 202 & 203 CrPC; as such can’t sustain in law.
Mr Shukla submitted before the Court that prima facie, no offence as alleged against the petitioner is made out.
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