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1959 Supreme(All) 47

A.P.SRIVASTAVA
DURGA PRASAD KHOSLA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Mukund Lal Agarwal

A. P. SRIVASTAVA, J.

( 1 ) THIS is an application under Article 134 of the Constitution praying that the case be certified as a fit one for appeal to the Supreme Court.

( 2 ) IT is not necessary to give the facts in great detail. It will be sufficient to mention that a complaint was filed against the applicant charging him with several offences including one under section 193 I. P. C. Against the order filing the complaint the applicant went up in appeal to the sessions Judge under Section 476-B of the Criminal Procedure Code. The Sessions Judge took the view that the order appealed against was wrong because Section 476 Cr. P. C. , under which the complaint had been ordered to be filed had been impliedly overruled by Section 479-A of the amended Criminal Procedure Code. He therefore allowed the appeal and set aside the complaint so far as the offence under Section 193 I. P. C. , was concerned. Against that order an application in revision was filed in this Court and the question whether Section 479-A of the Criminal Procedure Code had impliedly repealed section 476 of the Code in respect of all cases of witnesses giving or fabricating false evidence in judicial proceedings was rais











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