Hakin Singh vs State of U. P. - 1964 Supreme(All) 387

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1964 Supreme(All) 387

S. D. KHARE
Hakin Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
J.N. Chaturvedi, Advocate, for the Applicants; G.A, For the Respondent

JUDGMENT

S.D. Khare, J. - This is an application in revision against an order dated 7th September, 1963, passed by the Additional District Magistrate, 'Mainpuri, setting aside the order of the Magistrate passed on July 30, 1963, and directing him to commit the accused persons to the court of session for trial of offences punishable under Sections 147, 148, 307 and 324, I. P. C.

2. During the course of the commitment proceedings against the twenty accused persons (the applicants before me) the Magistrate, after having examined the evidence which was led before him was of the view that the offence alleged to have been committed by the accused persons could not be punished under Section 307, I. P. C.-an offence exclusively triable by a court of session and that the accused persons should be charged only for the offences punishable under Sees. 147, 148, 324 and 149, I. P. C. The matter went up in revision before the Additional District Magistrate, Mainpuri, and he was of the view that since one of the accused persons had used a pistol against one of the victims the charge framed against the accused persons should also be one under Section 307 I. P. C. He, therefore, directed the Magistr

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