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DELHI HIGH COURT
M.L.MEHTA
Mahabir Prasad Rungta – Appellant
Versus
State (Govt. NCT of Delhi) – Respondent


JUDGMENT

M.L. Mehta, J. (Oral)

1. This revision petition is filed under Section 397/401 CrPC read with Section 482 CrPC against the order dated 5.1.2012 of ACMM, Tis Hazari Courts, passed in FIR No. 565/1998, P.S. Prasad Nagar. The petitioner was charge sheeted under Section 409/420/468/471/120B IPC. Vide order dated 27th April, 2011, the learned ACMM ordered for framing of charges and in the last paragraph 9 recorded as under:

    "9. Accordingly, there is sufficient material to frame charge against all accused for the offence u/s 409 in alternative 420,468/471 IPC. Be posted for appearance of accused persons"

2. In pursuance of the said order, the charges were framed under aforesaid Sections on 13th July, 2011. The petitioner pleaded not guilty to the charges and the case was fixed for complainant's evidence on 8.9.2011. In the mean, an application had been filed by the learned Prosecutor on 01.07.2011 stating that though the summoning order dated 27.4.2011 had disclosed about the conspiracy and active participation of all accused persons but, inadvertently due to typographical mistake, Section 120B IPC remained to be mentioned at the end of the order. A prayer was made vide t

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