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2004 Supreme(Raj) 536

SUNIL KUMAR GARG
Vaman Narayan Ghiya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajendra Singh & M.L. Garg, for Petitioner M.P. Bishnoi, for the State

Honble GARG, J.–This Criminal revision petition under Section 397 Cr.P.C. has been filed by the accused petitioner against the order dtd. 13.4.2004 passed by the learned Additional Sessions Judge (Fast Track), Chittorgarh in Sessions Case No. 130/2003 by which he ordered that charges for offence under Section 411, 413 and 120B be framed against the present accused petitioner as well as other accused persons, namely, Manoj, Badal, and Madan Mohan and also directed framing of charges against Virdi Chand for offences under Sections 411, 413, 120B under Section 379-401 I.P.C.

(2). It arises in the following circumstances:

i) On 18.2.1998, one Deep Chand lodged a report in the Police Station Rawat Bhata District Chittorgarh stating inter alia that on the night of 15.2.1998, idol of Natraj had been stolen away from the temple and upon this, a case for the offence under Section 379 I.P.C. was registered and FIR No. 41/98 was chalked out and investigation was started.

ii) During investigation of the case, the accused petitioner was got arrested on 14.8.2003 and other accused persons, namely, Manoj, Badal, Madan Mohan and Virdi Chand were also got arrested.

iii) During investigation, the police























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