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2007 Supreme(Raj) 545

GOPAL KRISHAN VYAS
STATE OF RAJASTHAN – Appellant
Versus
WAMAN NARAYAN GHEEYA – Respondent


Advocates Appeared:
Alok Sharma, K.L.Thakur, SACHIN ACHARYA

Judgment

( 1 ) THIS revision petition has been filed for quashing the impugned order dated 21-4-2005 passed by the Addl. Sessions Judge (Fast Track) No. 1, Sirohi in sessions case No. 112/2000 whereby, while discharging the accused non-petitioners from offence under Section 413, IPC the trial court framed charge for offences under sections 457, 380, 411 and 120-B, IPC against the accused non-petitioners. The State has preferred this revision petition challenging the aforesaid order dated 21-4-2005 to the extent the trial Court has discharged the non-petitioners from the offence under Section 413, IPC.

( 2 ) IT is submitted by the learned Addl. Advocate General, appearing for the petitioner-State, that on 20-10-2002, complainant Purushottam Das submitted a written report to the S. H. O. , Police Station Mandar that he had been performing worship in warmeshwar Mahadev temple. On 20-10-2002, at about 7 a. m. , he came to the temple and saw that the door of the temple was displaced and two idols of Lord Shiv and Parvati were not there. Thereafter, he gathered the villagers and has thus lodged the FIR. Upon this information, the case was registered and usual investigation was commenced.






































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