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1998 Supreme(Kar) 351

G.PATRI BASAVANA GOUD
STATE BY BANGARPET POLICE – Appellant
Versus
AMBATI MURALI MOHAN RAO – Respondent


Advocates:
B.R.NANJUNDAIAH, S.BALAN PILLAI

( 1 ) THE only question that arises in this revision petition under Section 397 Cr. P. C. is as to whether Section 240 Cr. P. C. permits an accused to answer the charge through his counsel.

( 2 ) THE learned Magistrate, upon consideration of the police report and the documents sent with it under Section 173 Cr. P. C. , and after hearing the prosecution and the accused, has formed an opinion that, there is a ground presuming that the accused in the case, including the present two respondents, have committed offences punishable under Section 498-A IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. What remains is, framing of the charge and to read it over and to explain to the accused and to ask the accused whether they plead guilty of the offences punishable under Section 498-A, IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, as required by Section 240 Cr. P. C. The learned Magistrate, by the impugned order, has permitted the respondents herein among the accused in the case to so plead under Section 240 (2) Cr. P. C. through their counsel. It is in the following circumstances : The respondents are residing in the United States of America, pursuing their respec







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