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2015 07 07 - 1436262087 PDF
2015 07 07 - 1436262087 PDF
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JUDGMENT
Dipak Misra, J.
Leave granted.
u/s 147, 148, 341, 324, 323 and 307 of Indian Penal Code
some others attacked him with ‘Vettu Kathi’, knife and iron
The motive behind the assault, as per the FIR, was due to
case and file a fresh report. However, as the final report had
thereafter, set aside the order accepting the final report and
complaint.
police and the order did not reflect any application of mind
on his part. It was further urged that the order was bereft of
the witnesses filed along with the final report. The High
3
2005 Crl.L.J. 4461 (Chattishgarh)
7
The High Court, accordingly, set aside the order of the Chief
entering into the merits of the case when the learned Chief
unsustainable.
4
(2012) 9 SCC 460
10
6
(2013) 9 SCC 199
7
(2014) 3 SCC 306
8
(1993) 2 SCC 16
12
with the facet of law where the Magistrate disagrees with the
10
(2013) 5 SCC 762
11
(2009) 9 SCC 129
12
(2009) 11 SCC 299
13
(1997) 1 SCC 361
16
are disposed to think that the High Court has fallen into
And again:-
has held that the learned Magistrate could not have allowed
21
............................J.
[Dipak Misra]
............................J.
[V. Gopala Gowda]
New Delhi
July 7, 2015