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1984 Supreme(J&K) 51

M.L.BHAT
State – Appellant
Versus
Man Mohan Singh – Respondent


Advocates Appeared:
Advocate For Appellant: S.D. Sharma
Advocate For Appellant: R.P. Bakshi
Advocate For Respondent: R.P. Sethi

1. This revision is directed against the order of First Additional Sessions Judge, Jammu. dated 7-4-1984. From the impugned order it is revealed that one Man Mohan Singh who was accused in a case u/s 302/149 RPC was proceeded against u/s 512 Cr. P. C. The case against the other accused persons was committed to the Court of Session and before the court of Sessions Man Mohan Singh accused had appearded and surrendered himself before the court and the learned Sessions Judge ordered dropping proceedings u/s 512 Cr. P. C. against him and fixed the case for preliminary hearing The accused was handed over to the authorities for being locked up in judicial lock-up

2. Learned counsel for the State has assailed this order as being violative of the procedure established by law. It is further contended that the accused could be tried by the Sessions Judge only after he was committed by the Judicial Magistrate. The Judicial Magistrate had taken proceedings u/s 512 Cr. P. C. against him and it was within the powers of the learned Sessions Judge to drop the said proceeding and in the absence of following the procedure provided u/s 193 Cr, P. C. accused could not be charge sheeted or tried .The









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