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1977 Supreme(P&H) 206

S.S.SIDHU
Gurcharan Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Gurcharan Singh accused has filed this application under S. 482, Cr. P. C. for quashing the order dated 19th May, 1977 passed by the second Additional Sessions Judge, Gurdaspur (Shri R. K. Syngal) in case State V/s. Gurcharan Singh and others now pending in the Court of the Judicial Magistrate, 1st Class, Batala (Shri Ajay Kumar), whereby he accepted the revision petition filed against the order dated 23rd Nov. 1976, of the trial Court by which Gurcharan Singh accused had been discharged and setting aside that order he sent the case back to the trial Court with the direction that a charge against Gurcharan Singh accused be also framed and the case be then disposed of according to law.

2. The facts of the case which are necessary for the disposal of this petition may briefly be stated as follows. The police presented a challan under Ss. 440 and 427, I.P.C., against the three accused, namely. Gurcharan Singh, Pritam Singh and Baldev Raj in the trial Court. That Court, after hearing the Additional Public Prosecutor, appearing for the State, and the counsel for the accused and also after going through the documents placed on the file found that a prima facie case under Ss. 4




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