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1976 Supreme(All) 355

G.D.SRIVASTAVA
GUDARI – Appellant
Versus
UNION OF INDIA – Respondent


G. D. SRIVASTAVA, J.

This is an application under section 482 Cr. P. O. The four applicants are being prosecuted for the alleged recovery of Copper wire belonging to Railway. This wire is said to have been recovered on a personal search of these four applicants on the same dayviz. 3-3-1972 and also at the same time. After the necessary investigation four separate complaints were filed against the applicants in the court of the Railway Magistrate at Allahabad. The four applicants were ordered to be summoned and they appeared in court on 19-2-1973. On 5-3-73 the prosecution was ordered to produce its witnesses. After several adjournments the examination of one prosecution witness started and completed on 18-12-73. On 21-1-1974 an application was moved by the prosecution that the trial should be stayed to enable it to obtain expert opinion regarding the question whether recovered wire is Railway Property or not. The Magistrote allowed this application and ordered the case to be consigned till receipt of the experts report. Thereafter, a charge-sheet was submitted by the police against these applicants under sections 379 and 411 IPC also. This police case was transferred to the court o








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