Bhagat Singh and Others v. Foran Singh and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1988 Supreme(Online)(All) 1

ALLAHABAD HIGH COURT
N/A, J
Bhagat Singh and Others v. Foran Singh and Another

Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

Table of Content
1. nature of revision under criminal procedures. (Para 1 , 2)
2. arguments on necessity for witness examination. (Para 3 , 4)
3. applicability of procedural sections of the crpc. (Para 5 , 6 , 13 , 14)
4. interpretation principles of dacoity-related statutes. (Para 7 , 8 , 9)
5. final verdict supporting the dismissal without merit. (Para 10 , 11 , 12 , 15)

1. This is a revision under S.397/401 the Code of Criminal Procedure, 1974 , (for short the Code), with a prayer that the order dt. 10-7-86 passed by the Special Judge (Dacoity Affected Area), Agra, issuing process against the applicants in a case under S. 395, IPC, may be set aside.

2. It appears that after the F.I.R.. was lodged, the police investigated the case under S.395 of the IPC. against the applicants and submitted a final report. Thereafter a protest petition was filed and some witnesses were examined and their statements were recorded under S.200 and S.202 of the Code. Apart from other witnesses, principally three witnesses, ilel (sic) Bishambhar Singh, Sahab Singh and Danodar Singh supported the complainant case and they had also earlier filed affidavits. The Special Judge (Dacoity Affected Area), Agra afte