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Ram Avtar vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 155 & 190(1)(b)–Penal Code, 1860–Sec. 186–Complaint for noncognizable offence–SHO himself conducted inquiry and submitted report–Cognizance was taken by Magistrate–Whether justified?–Held, not–SHO was not competent to do so and cognizance was taken on illegal inquiry–Order deserves to be set aside.