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2017 Supreme(Del) 4876

A.K.PATHAK
Aditya Prasad Dube – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakesh Kumar, Adv.
For the Respondents: M.S. Oberoi, APP and Ichha Ram, SI

ORDER :

A.K. Pathak, J.

1. Vide order dated 24th June, 2016 trial court had held that a prima facie case is made out against the accused (petitioners) for framing charges under sections 448/341/380/34 IPC. Thereafter, charges were framed on 9th July, 2016 to which petitioners pleaded 'not guilty' and claimed trial. Accordingly, trial is underway. Petitioners preferred Crl. Rev. 8886/2016 before the learned Addl. Sessions Judge against the aforesaid order, which has been dismissed vide order dated 16th November, 2016.

2. That is how petitioners are before this court by way of present petition under Section 482 Cr.P.C.

3. Learned Addl. Sessions Judge as well as trial court have marshalled the entire material on record, including the statements of witnesses under section 161 Cr.P.C. and have held that a prima facie case is made out against the accused for having committed the offences under sections 448/341/380/34 IPC.

4. Second revision is barred under section 397(2) Cr.P.C.. Accordingly, petition under Section 482 Cr.P.C. can be entertained only in exceptional and rare cases only if High Court is satisfied that continuation of trial would result in gross abuse of process of law thereby r





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