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1961 Supreme(Guj) 107

P.N.BHAGWATI
KAMLASHANKAR B. DAVE – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.DESAI, I.C.BHATT

P. N. BHAGWATI, J.

( 1 ) THE petitioner who is accused No. 1 was along with accused No. 2 charge-sheeted for offences under sections 408 and 477a of the Indian Penal Code in the Court of the Judicial Magistrate First Class Lunawada. There were various items in respect of which accused No. 1 was alleged to have committed breach of trust and falsification of accounts. The offences being triable as warrant cases the learned Magistrate adopted the procedure set out in Chapter XXI of the Code of Criminal Procedure. The learned Magistrate after going through the procedure prescribed by sub-sections (1) (2) and (3) of section 251a framed charges against accused No. 1 for offences under sections 408 and 477 of the Indian Penal Code on 21st July 1960. The hearing of the case was thereafter adjourned from time to time on one ground or the other. On 22nd December 1960 which was the adjourned date of the hearing of the case the Police Prosecutor filed an application before the learned Magistrate stating that since there were eight other cases filed against the petitioner and accused No. 2 for offences under sections 409 467 and 477 of the Indian Penal Code and that those cases were exclusively























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