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1948 Supreme(All) 44

HARISH CHANDRA
Mukat Behari Lal – Appellant
Versus
Emperor – Respondent


JUDGMENT

Harish Chandra, J. - A complaint wag lodged against the applicant by Gaya Prasad u/s 466, Penal Code alleging that the applicant who is a patwari had committed a forgery in his roznamcha on 19th September 1942. The com-plaint was lodged on 13th December 1948. The trial Court proceeded with the trial of the case as a warrant case and examined the prosecution witnesses and then framed a charge against the applicant u/s 465, Penal Code on the 27th September 1946. He fixed a date for the further cross-examination of the prosecution witnesses on behalf of the defence. In the mean-while an application was made to the Sessions Judge in revision on behalf of the complainant and on 18th March 1947, the learned Sessions Judge acting u/s 437, Criminal P.C. directed that the case be committed to the Court of Session for trial u/s 466, Penal Code. The applicant came up to the High Court in revision against this order of the learned Sessions Judge and the application was rejected by the High Court on 16th April 1947. After that an application was made on behalf of the applicant before the learned Magistrate for permission to cross-examine the prosecution witnesses and to summon defence w

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