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1991 Supreme(Kar) 545

M.M.MIRDHE
ISMAIL KHAN – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
H.Kantharaj, V.B.Patil

M. M. MIRDHE, J.

( 1 ) THIS criminal petition is filed by the petitioner under Section 482, cr. P. c. against the order dated 24-11-1990 passed by the jmfc shahapur, in c. c. No. 1215 of 1985.

( 2 ) I have heard the learned counsel for the petitioner and the learned government pleader fully and perused the records of the case.

( 3 ) THE shahapur police filed charge sheet against five persons alleging that they have committed the offences punishable under sections 143 and 506, IPC and also under Section 2 of the Karnataka prevention of incitement of refuse or to defer payment of tax Act, 1981. The learned magistrate framed charges for the said offences against the accused in that case and all the accused pleaded not guilty to the charge and claimed to be tried. Thereafter the prosecution led its evidence and after hearing both sides the learned magistrate acquitted the accused in that case under Section 248 (1), cr. P. c. for the offences alleged against them. While acquitting the accused in the said case, he also ordered the case to be registered against p. w. i md. Ismail khan, son of md. Yaseen khan, village accountant, sagar, for the offence punishable under Section 193, IPC and











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