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1967 Supreme(All) 461

GUPTA, KIRTY, UNIYAL
Bhoodev – Appellant
Versus
Jagdish Prasad – Respondent


JUDGMENT

Gupta, J. - We have before us two criminal revisions Nos. 1614 of 1963 and 593 of 1964.

2. In Cr. Rev. No. 1614 of 1963 the sole opposite party Jagdish Prasad was convicted of the offences punishable Under Sections 465, 467, 468 and 471 of the IPC by the I Asstt. Sessions Judge, Aligarh. The learned Judge ordered that Jagdish Prasad be put on probation for a period of two years u/s 4 of the UP First Offenders' Probation Act (hereinafter referred to as the Act). The directions as to what Jagdish Prasad was required to do to avail himself of the benefit u/s 4 of the Act need not be detailed herein. The complainant Bhoodeo filed an application in revision in this Court raising the contention, inter alia, that Jagdish Prasad was not entitled to the benefit of the provisions contained in Section 4 of the Act. The revision came up for hearing by brother Khare who referred to certain authorities of this Court and having found a divergence of opinion on the question, directed that the papers be laid before the Hon'ble the Chief Justice for constituting a larger Bench to decide the aforesaid question. The revision then came up before a Division Bench which, by order dated 7-12-1965,

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