B. P. SINHA, J. C. SHAH, K. SUBBA RAO, M. HIDAYATULLAH, N. RAJAGOPALA AYYANGAR
Ramnarayan Mor – Appellant
Versus
State Of Maharashtra – Respondent
Judgment
SHAH, J.: (for self and Sinha, C.J.I. and Subba Rao, J.) - A police report was lodged in the Court of the Magistrate First Class, Akola, against the appellants and fifty-five others on charges for offences punishable under Ss. 406, 408, 409, 120-B and 477-A Indian Penal Code. The Investigating Officer furnished the accused persons with copies of documents which are required by S. 173(4) of the Code of Criminal Procedure to be furnished. At the commencement of the enquiry, the public prosecutor informed the Court that the evidence in the case being "mainly documentary the prosecution did not desire to examine any witnesses at the stage of the committal proceeding. After the arguments on behalf of the state and the accused were heard, an application was submitted by the prosecutor that the accused be examined by the Magistrate under S. 207-A (6) of the Code of Criminal Procedure. The application was granted by the Magistrate after rejecting the objections raised by some of the accused and the accused were ordered to remain present in Court for their examination under S. 207-A sub-ss. (6) and (7). Against that order the appellants moved the High Court of Bombay in revision,
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