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1981 Supreme(All) 563

J.L.SINHA
HARISH CHANDRA – Appellant
Versus
STATE OF U P – Respondent


J. M. L. SINHA, J.

This revision arises out of an order dated 13th August, 1981 passed by the IV Addi tional Sessions Judge, Ballia. The facts giving rise to this revision can briefly be stated as under;

In connection with an occur rence that took place on 27th of December, 1977, the police sub mitted a chargesheet against eight accused. It appears that at that stage neither a final report nor a chargesheet was submitted against the present applicant as the investigation was still proceed ing. On or about 9th of April, 1980, the case was committed to the Court of session and on 29th of May, 1981, it was transferred to the IV Additional Sessions Judge. 25th of June, 1981 was then fixed for framing of charge and for arguments in that con nection. On that date, however, three of the accused persons could not appear. Hence the case was adjourned to 17th of July, 1981. Before, however, the trial could be opened, an application was given that day an behalf of the informant for the present applicant being summoned. 22nd of July 1981 was then fixed for arguments on that application as also for framing of charge. A letter was in the meantime sent to the Superintendent of Police for obtaining







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