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1967 Supreme(Kar) 29

H.HOMBE GOWDA, M.SANTOSH
SHIVANGOUDA MALLIANGOUDA – Appellant
Versus
STATE OF MYSORE – Respondent


H. HOMBE GOWDA, C. J.

( 1 ) THIS revision petition is filed under Sections 215 and 561-A of the Code of Criminal procedure (Section 215 of the Code of Criminal Procedure is obviously a mistake and it is not applicable) for (finishing of the order, dated 10-1-1967, passed by the Additional Sessions Judge, dharwar, Ex. 6, in Sessions Case No. 63 of 1966 dismissing the application filed by the petitioners (accused) to quash the committal order, dated 18-11-1966, passed by the Judicial magistrate, First Class. Ranebennur, in C. C. No. 630 of 1966

( 2 ) A charge-sheet for offences punishable under Sections 147, 148 and 326 read with Section 149 of the Indian Penal Code was placed against the petitioners accused in the Court of the judicial Magistrate, First Class, Ranebennur, in C. C. No. 630 of 1966. The learned Magistrate proceeded to deal with the case under Chapter XXI of the Code of Criminal Procedure When the learned Magistrate, was considering the papers filed under Section 173, Cr. P. C. a memo was filed by the Prosecuting Inspector to the effect that the allegations in the charge sheet clearly indicated that the accused were also guilty of an offence punishable under Section 3








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