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1997 Supreme(SC) 1256

K.T.THOMAS, M.K.MUKHERJEE
Kishan Swaroop – Appellant
Versus
Government Of Delhi(Ntc) – Respondent


(1) LEAVE granted. Heard the learned counsel for the parties.

(2) ON a report lodged by the appellant with the Sadar Bazar Police Station, Delhi a case was registered against three persons. After police submitted charge-sheet (challan) against them they stood their trial for offences punishable under S. 381 and 411 of the Indian Penal Code. The trial ultimately ended in their acquittal and aggrieved thereby the appellant filed a revision petition in the Delhi High court. At the time of hearing of the petition the High court posed the question whether the appellant was required to obtain permission from the Public Prosecutor to file such a petition and relying upon the judgment of this court in K. Chinnaswamy Reddy v. State of A.P. and some judgments of the High Courts, it answered the same in the affirmative and dismissed the revision petition without prejudice to the appellants right to approach it afresh after obtaining the requisite permission. The above order is under challenge in this appeal.

(3) FROM the impugned judgment we find that the High court has referred to the provisions of S. 378 and 210 of the Code of Criminal Procedure to conclude that it was




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