Himachal Pradesh Court June 1982 Judgments
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State of Himachal Pradesh Vs. Guddu and ors.
Court: Himachal Pradesh
Decided on: Jun-30-1982
Reported in: 1983CriLJ402
ORDERT.R. Handa, J.1. Whether the provisions of Section 167 of the Cr. P.C., for short called 'the Code' pertaining to Remand/ Release on Bail of an accused arrested in connection with the commission of a non-bailable offence can be invoked even after the submission against him of the police report under Section 173(2) of the Code simply because such police report is not accompanied by the reports of Experts like Chemical Examiner, Serologist (which reports are admissible in evidence without proof under Section 293 of the Code)' is the short question which calls for examination in this petition filed under Sections 397/401 and 439(2) of the Code read with Article 227 of the Constitution seeking the quashing of the order recording by the Chief Judicial Magistrate Kangra on 27-2-1981, directing the release of the respondents on bail under Section 167(2) of the Code.2. This question has arisen in the following circumstances. The respondents herein were all arrested in connection with the ...
State of Himachal Pradesh Vs. Nand Lal
Court: Himachal Pradesh
Decided on: Jun-09-1982
Reported in: 1983CriLJ1896
V.P. Gupta, J.1. This appeal is directed against the order, dated 6th June, 1976, of Judicial Magistrate 1st Class Sundernagar by which respondent was acquitted.2. The brief facts are that the re-pondent was the Pradhan of Gram Pan chayat Haraboi in the year 1965-66 and was entrusted with funds for being utilized for the benefit of the Panchayat or the residents of its area. Shri Dharam Singh (P. W. 1) audited the accounts of the panchayat and found that there was misappropriation of Rs. 1013-97. The respondent did not deposit this amount in spite of repeated requests. The respondent was suspended, vide order of Director of Panchayats Himachal Pradesh dated 16th June, 1970, and an enquiry was ordered. Shri D. N. Vaidya (P. W. 2) enquired into the matter and found that the respondent had embezzled (a) Rs. 846/- by keeping a bill as payee's receipt and (b) Rs. 34.86 by giving wrong total on the T. A. bill. The respondent was given opportunity to deposit the amount but he failed to do so ...
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