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Dashrath Singh, Vs the State of Bihar. and ors

Dashrath Singh, vs The State of Bihar. and ors

Type Court Judgment Court Patna Decided May 02, 2011
~1 min read
https://sooperkanoon.com/case/917270
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Citation
Court
Patna High Court
Judge
Decided On
Case Number
Criminal Appeal (U/S) No. 20 OF 1995 In the matter of an appeal under Section 378(4) of the Code of Criminal Procedure.

Parties & Advocates

Appellant / Petitioner

Dashrath Singh,

Respondent

The State of Bihar. and ors

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Excerpt

.....of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report. 1. the appellant is aggrieved with the judgment dated 25.07.1995 passed by the judicial magistrate, 1st class, begusarai in complaint case no. 335(c)/1991/tr. no. 179/95 by which it has acquitted the respondent no. 2 for the charges framed under section 420 ipc.2. on going through the judgment of acquittal i do not find any perversity or illegality and, therefore, decline to interfere in the same. the appeal is dismissed.

Full Judgment

1. The appellant is aggrieved with the judgment dated 25.07.1995 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 335(C)/1991/Tr. No. 179/95 by which it has acquitted the Respondent No. 2 for the charges framed under Section 420 IPC.

2. On going through the judgment of acquittal I do not find any perversity or illegality and, therefore, decline to interfere in the same. The appeal is dismissed.


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