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1969 Supreme(All) 406

B. D. GUPTA
Shiv Shankar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
J.N. Chandra, Advocate, for the Appellant

JUDGMENT

B.D. Gupta, J. - This petition in revision discloses a very sorry state of affairs and, in the circumstances of the case, the only order which appears to me just and appropriate is to quash the proceedings against the applicant.

2. It appears that, in consequence of certain discrepancies appearing in the statement made by the applicant in the course of a criminal trial, Judicial Officer, Fatehgash, Sri R. K. Saksena, directed the filing of a complaint against the applicant for the offence punishable under Sections 193/211, I. P. C. The trial of the applicant appears to have been taken up by the Judicial Officer, Sadar and, on the 16th of December, 1966, on which date the applicant appeared in that court, the hearing was adjourned to the 23rd of December, 1966. On the 23rd of December, the applicant was present but the case was adjourned to the 3rd of January, 1967, on the ground that prosecution witnesses were not present. On the 3rd of January, 1967, the applicant appears to have been absent at the time the case was called out whereupon the court ordered issue of non-bailable warrants against the applicant and fixed the 12th 'of January, 1967. The record reveals that a lit

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