A. P. SRIVASTAVA, J.

( 1 ) THIS is a reference made by the Sessions Judge of Kanpur. Shiv Bilas was the owner of a cyele. He sold it first to Chandramaul and then sold it again to Babu Ram. He executed, a receipt first in favour of Chandramaul and then executed another receipt in favour of Babu Ram, in respect of the same cycle. Armed with his re-ceipt Babu Ram made a report to the police that his cycle had been stolen away. The cycle was recovered from the possession of Chandramaul. During investigation chandramaul satisfied the police that he had purchased the cycle from Shiv Bilas and that there was no question of his stealing it. The police therefore submitted a final report. On the basis of what had! been disclosed during investigation the police submitted a charge-sheet against Shiv bilas and Babit Ram under Sections 426 and 468, read with Section 109,. P. C. The Magistrate, found that though no case had been made out under Sections 426 and 468, read with Section 109,. P. C. Shiv Bilas could be charged under Section 193,. P. C. , and Babu Ham could be charged under Section 196,. P. C. He therefore framed charges against these persons under these sections. They went up in revi

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