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1958 Supreme(All) 61

A.P.SRIVASTAVA
MAHENDRA PAL SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Virendra Swarup Jauhary

A. P. SRIVASTAVA, J.

( 1 ) THIS is an application for the review of an order made by this Court on the 27th of February, 1958. The provision under which the application has been made has been mentioned at the top of the application as Section 561a, Cr. P. C.

( 2 ) IT appears that the applicants were convicted by a Magistrate First Class, Bareilly under section 325,. P. C. and each of them was sentenced to undergo one years Rule 1, and to pay a fine of Rs. 50/ -. An appeal was preferred to the Sessions judge but failed. An application in revision was then filed on their behalf in this Court and was rejected by the order now sought to be reviewed. It was held that there was a clear finding of fact recorded by the lower appellate court which concluded the case against the applicants and that the sentence also did not appear to be excessive. At the time when the revision application was considered the counsel for the applicants was heard at some length and the order passed shows that the application was dismissed as it was found to be without merits. The applicants have now applied for a review of that order, on the ground that at the time when the application for revision was argued,
















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