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1970 Supreme(All) 38

O.P.TRIVEDI
Syed Alley Eba Rizvi – Appellant
Versus
State – Respondent


Advocates:
Afsar Husain, for Applicant; K.N. Kapoor, for State.

ORDER :- This is an application under Section 561A of the Code of Criminal, Procedure by Syed Alley Eba Rizvi, an Advocate practising in the district of Sultanpur.

2. The brief facts leading to this application are these :

3. One Allah Rahman was tried for theft of a bullock under Section 379, I. P. C. in the court of Additional District Magistrate, Sultanpur. He was being defended by the Syed Alley Eba Rizvi, Advocate, in the said case. In defence a receipt Ext. Kha-1 was filed before the said Magistrate through a list of documents under the signature of Syed Alley Eba Rizvi with the endorsement "through Syed Alley Eba Rizvi." On the basis of this receipt it was sought to be proved by the accused that the bullock belonged to him having been purchased by him from Mohammad Hanif. This plea of the accused was disbelieved by the Magistrate who found also that the receipt had been forged for the purposes of the case. Allah Rahman was convicted and sentenced under Section 379, I. P. C. In the course of the judgment the Magistrate made the remarks :

"He was the counsel of the accused and he filed this document knowing it to be a forged document and used it as a genuine document, and as su











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