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2001 Supreme(SC) 1310

M.B.SHAH, R.P.SETHI
Rajinder Prasad – Appellant
Versus
Bashir – Respondent


JUDGMENT

Sethi, J.-Leave granted.

2. Aggrieved by the order of the Additional Sessions Judge, Deeg by which charges were framed against them for offences punishable under Sections 147, 148, 323, 324, 149, 427 and 395 of the Indian Penal Code, the respondents filed a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") praying for quashing the aforesaid order. Holding that the Magistrate, being the court of committal, had no power to add four respondents as accused-persons without adopting procedure as prescribed under Section 203 of the Code, the High Court allowed the petition of the respondents and set aside the order the court by which cognizance of offence under Section 395 of the Indian Penal Code was taken. The case has been remanded back to the learned Magistrate to hold inquiry as per the provisions of Section 203(2) of the Code with direction that if he finds that a case under Section 395 IPC is made out, he will pass necessary orders against the accused persons and commit the case to the Sessions Judge, if necessary.

3. The facts giving rise to the filing of the appeal are that on 10.3.1988 when the appellant-informant was s


















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