M. R. A. ANSARI, J. (Oral)

( 1 ) A challan was filed against petitioner Ashok Kumar in the Court of the Judicial Magistrate, 1st Class, Delhi, for an offence under Section 326 Indian Penal Code. The case had to be tried by the procedure prescribed under Section 251-A Criminal Procedure Code. The learned Magistrate, after perusing the documents REFERRED TO to in Section 173 Cr. P. C. and after hearing the counsel for the prosecution as well as for the defence, pasted the following order on 3-6-1972:--

"case called. Accused present. I have perused all the documents mentioned in the report under Section 173 Criminal Procedure Code. and have heard the learned defence counsel and the learned prosecutor at great length. It has been argued by the learned defence counsel that there is absolutely nothing on record to connect accused Ashok Kumar with the commission of the offence. In the statement of complainant Subhash Chander the person who is said to have assaulted Harish Chander is named as Nanhe. It is urged that Ashok Kumar is not Nanhe. The police has erroneously given the alias name of Ashok Kumar ?s Nanhe. deem it to be just in the interest of the proper decision of the case that Subh

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