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1959 Supreme(SC) 159

A.K.SARKAR, J.L.KAPUR, K.N.WANCHOO, SYED JAFAR IMAM
Chhadamilal Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, G.C.MATHUR, G.N.DIKSHIT, G.S.PATHAK, JANARDAN SHARMA, MOHAN BEHARI LAL

Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the Allahabad High Court in a criminal matter. The facts of the case may be set out in some detail to bring out the point raised in this appeal.. A complaint was filed by Rajendra Kumar Jain against the four appellants and three others under Ss. 409, 465, 467, 471 and 477A of the Indian Penal Code. It is not necessary for present purposes to set out the details of the complaint. Suffice it to say that after the statement of the complainant under S. 200 of the Code of Criminal Procedure (hereinafter referred to as the Code) summonses were issued to the accused persons requiring them to answer a charge under S. 406 of the Penal Code. Prosecution witnesses were then examined and cross-examined and the statements of the accused persons recorded. The Magistrate then heard arguments on the question of framing of charges which were concluded on 23-9-1954. It was then ordered that the case should be put up on 30-9-1954, for orders. On that date the Magistrate framed charges against the four appellants under Ss. 409 and 465 read with Ss. 471 and 477A of the Penal Code. On the same date the Magistrate ordered commitment of t

















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