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ALLAHABAD HIGH COURT
Yashoda Nandan, M. H. Hussain, C. D. Parekh, JJ
Amar Singh – Appellant
Versus
P.C. Gupta – Respondent
| Table of Content |
|---|
| 1. jurisdictional context of complaint and judicial proceeds. (Para 1 , 12) |
| 2. arguments regarding s.195(1)(b) interpretation. (Para 2 , 3) |
| 3. court's exploration on requirements for cognizance. (Para 4 , 5 , 7) |
| 4. findings related to the relationship of offences to proceedings. (Para 9 , 13) |
| 5. court's decision and order. (Para 10 , 11 , 17) |
1. This criminal reference has come up before us in the circumstances set out below :
On the 14th September, 1969, P.C. Gupta, Principal of a college at Khurja, forwarded a report against Amar Singh alleging commission by him of an offence under S.380 of the Indian Penal Code . The report was lodged by P.C. Gupta as a result of information furnished to him by M.L. Mittal, Accountant of the college. Consequent on the first information report, a case was, registered against Amar Singh at Police Station Khurja and he was taken into, custody by the police. On the 19th September, 1969. Amar Singh was produced before the Judicial Officer, Khuria and' on that date the Officer massed an order under S.167 of the Code of Criminal Procedure - hereinafter referred to as the Code - remanding him to custody upto the 2nd October, 1969. On the 20th
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