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1956 Supreme(Mad) 360

SOMASUNDARAM


Advocates:
S. Govindswaminathan for Petitioner.
The Public Prosecutor (P. S. Kailasam) on behalf of the State.

Order

The accused in C.C. No. 12350 of 1955 on the file of the IV Presidency Magistrate is the petitioner herein. The circumstances under which this Criminal Revision Petition is filed are these:-

On 1st December, 1955 the City Police filed a charge-sheet against the petitioner that is, the accused in the above case for an offence under section 420, Indian Penal Code. The accused appeared on 12th March, 1956. The case was adjourned to 17th March, 1956 for furnishing to the accused copies of documents referred to in section 173(4) of the Criminal Procedure Code. No documents were furnished on the 17th and so the case was adjourned to 20th March, 1956 when copies of certain documents alone were made available to the accused. On the 20th after hearing the prosecution and the counsel for the accused a charge was framed for an offence under section 420, Indian Penal Code without examination of any of the witnesses cited in the charge-sheet. The accused pleaded not guilty to the charge and then the case stood adjourned to 3rd April, 1956 for examining witnesses on the prosecution side. In the charge-sheet only four witnesses were examined. They were (1) Parmar; (2) Chandra; (3) Rajagargh a






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