Himachal Pradesh Court July 1976 Judgments
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Bagga Singh Vs. the State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jul-27-1976
Reported in: 1977CriLJ301
ORDERChet Ram Thakur, J.1. This revision petition is directed by the petitioner for quashing the charge framed against him on 31-7-1975 by the Additional Sessions Judge, Mandi. He has been charged under Sections 302/201 of the Indian Penal Code.2. A preliminary objection has been taken by the learned Counsel for the respondent that the framing of a charge does not amount to the final decision of the case and that this is a proceeding which is purely interlocutory and as such this petition is barred under subsection (2) of Section 397 of the Code of Criminal Procedure, 1973.3. The learned Counsel for the petitioner on the strength of Narain Mahton v. Mahesh Prasad Singh, 1975 Cri LJ 1400 (Pat) submits that since the charge was framed in a case which had been pending before the commencement of the new Code, therefore, the revision would lie under the old Code because the provisions of the old Code are saved by Section 484 of the new Code. But, to me it appears that this submission is who...
Buta Ram Moti Ram Vs. the State
Court: Himachal Pradesh
Decided on: Jul-27-1976
Reported in: 1977CriLJ630
ORDERChet Ram Thakur, J.1. The learned Advocate General has taken a preliminary objection in this revision petition that the eame is not maintainable and is barred under the provisions of Section 397(2) of the Code of Criminal Procedure, 1973 (shortly called the Code of 1973), inas-much as it is an interlocutory order.2. The petitioner was arrested for an alleged offence under Sections 302/201 of the Indian Penal Code. The accused-petitioner filed an application before the Additional Sessions Judge that during the course of investigation, the investigating Officer while taking the dead body of Smt. Lila took in possession two letters written in the hand of the deceased and which letters were in the possession of the police and that the same be produced in the court, but according to the prosecution, no such letters were found or were taken into possession while the dead body of Smt. Lila Was taken into possession by the police. The Additional Sessions Judge rejected this application ho...
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