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1963 Supreme(All) 184

D.S.MATHUR
Giriraj Singh – Appellant
Versus
State – Respondent


Advocates:
J. N. Chaturved and P. C. Chaturvedi, for Applicants; S. S. Tyagi, Asif Ansari, and A. G. A. for Opposite Parties.

Judgement

ORDER : This is a revision application by Girraj Singh and Sohan Lal Sharma, accused, to challenge the order dated 22-10-1962 of Sri J.P. Kaushik, Magistrate First Class, Saharanpur, directing that both the complaints shall be amalgamated and both Basheshwar Dayal Kaush - and Dharam Singh shall be treated as co-complainants. It was at the same time ordered :

"Each will have a right to examine his own witnesses. At the same time each will have a right to cross-examine and contradict the witnesses examined on behalf of the prosecution with the permission of the Court and in accordance with the provisions of the law if they go against or prejudice the prosecution."

2. The material facts of the case are that on 11-1-1962 Basheshwar Dayal moved a complaint alleging that the present applicants, Girraj Singh and Sohan Lal Sharma, had committed offences punishable u/Ss. 408, 467 and 471, I.P.C. The complaint was moved in the Court of the Judicial Magistrate, Saharanpur; but some one on behalf of Judicial Magistrate, City, directed the return of the complaint for presentation in the Court of the Bench Magistrates, Saharanpur, for disposal according to law. However, from the applicati




























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