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1983 Supreme(Cal) 57

B.C.CHAKRABARTI, J.N.CHAUDHURI
OM PRAKASH – Appellant
Versus
STATE – Respondent


JUDGEMENT

B. C. Chakrabarti, J. :- This is an application under Sec.482 of the Criminal P.C. for quashing an order dated 10-7-1980 passed by the learned Additional Sessions Judge, Alipore in Criminal Motion No.122 of 1980 revers-ing an order of discharge of the peti-tioners under Sec.239 of the Criminal P.C.

2. An information was lodged by one Dr. Noreen Minos alleging snatching away of gold neckchain from her per-son at about 9.15 p.m. on 4-10-1978 while she was returning home in the first floor of premises No. F 41, Garden Reach Road, Calcutta. On the basis of the said information, case No.231 dated 6-10-1978 was started. The two peti-tioners surrendered in court on 7-10-1978. The learned Magistrate by his order dated 12-5-1980 held that there was no prima facie case against the two accused persons; and accordingly they were discharged under Sec.239 of the Cr.P.C.

3. Being aggrieved, the complainant filed a revisional application which was disposed of by the order impugned in the present application. The learned Ses-sions Judge observed that the learned Magistrate had exceeded his jurisdiction in discharging the accused in so far as he has considered materials which were extraneous










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