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1977 Supreme(AP) 271

K.MADHAVA REDDY, S.MADHUSUDAN RAO
INGUVA MALLIKARJUNA SHARMA. – Appellant
Versus
State OF A. P. REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, HYD. – Respondent


MADHUSUDAN RAO, J.

( 1 ) THESE two petitions are filed under section 482 Cr P. C. for quashing the charges framed against the petitioners. Sessions Cases Nos. 10/75, 67/7, 48/66 and 4/77 were clubbed for joint trial by the Additional metropolitan Session Judge, Hyderabad. There are 39 accused arrayed as A-1 to A-24 and A-26 to A 40. All the 39 accused have been charged under six counts. The first charge is under section 120 B r. w. sections 302, 395 and 397 I. P. C. The second charge is under sections 121 I. P. C. The third, fourth, fifth and sixth charges are under sections 121-A, 122. 123 and 124-A i. P. C. respectively. The first accused has filed Crl M. P. No. 1446 of 1977. The 15th accused file Crl. M. P. No. 1447 of 1977. Sri K, G. Kannabbi Ram the learned counsel for the petitioners has urged two grounds The first ground is that the court could not have validly taken cognizance of the offences under sections 121, 121-A, 122, 123 and 124-A I P. C. in so far as the sanction obtained Is invalid. The second ground is that the trial of the accused for the offence of conspiracy under section 120-B I. PC. is invalid in so far as the previous consent of the State Government was not






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