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1977 Supreme(All) 48

K.C.AGRAWAL
STATE OF U P – Appellant
Versus
RAJ BAHADUR – Respondent


K. C. AGARWAL, J.

This rivision has been filed by the State of U. P. against the judgment of the Ist Additional Sessions Judge, Etawah, dated July 2, 1975, discharging the opposite parties Nos. l to 3 as well as Raghuraj Singh and Mahesh of the charges under sections 395 and 412 I. P. C.

It appears that on a charge sheet submitted by the police, the Magistrate committed five accused persons viz. Raj Bahadur, Mukat Singh and Vishram Singh, opposite parties Nos. l to 3, as well as Raghuraj Singh and Mahesh, under section 395 and 412 I. P. C. In exercise of the powers conferred by Section 227 Cr. P. C. , 1973, the learned Sessions Judge examined the record of the case and the documents submitted therewith and being of the opinion that no sufficient ground for proceeding against the five accused, named above, existed, he discharged them. Against this order the present revision has been filed against the opposite parties Nos. l to 3. This would show that the State of U. P. has not preferred any revision against the discharge of Raghuraj Singh and Mahesh. I am, therefore, concerned with the correctness of the order of discharge against opposite parties Nos. l to 3 only.

As stated above,










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