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Illegal to reject plea without complainant’s evidence

It is “not legal and logical” to reject plea without giving any opportunity to a complainant to lead evidence, a Delhi court has observed while asking a magistrate to pass a reasoned order on a complaint against an IAS officer for allegedly using a false OBC certificate.

Special judge Anju Bajaj Chandna said observations given by metropolitan magistrate in the order dismissing the complaint against the bureaucrat and others were “premature” and the complainant should have been given an opportunity to lead pre-summoning evidence in support of his plea.

 Article referred: http://www.legalindia.com/news/illegal-reject-plea-without-suers-evidence

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