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1995 DIGILAW 4 (RAJ)

Magan Singh v. State

1995-01-03

B.J.SHETHNA

body1995
JUDGMENT 1. - Heard learned counsel for the parties. 2. Learned counsel for the petitioner has not pressed this petition qua the charge framed against the accused. Petitioner under Section 420, I.P.C. by the trial Court. Hence this petition is rejected to that extent as not pressed. 3. There is lot of substance in the submission made by the learned counsel for the petitioner regarding framing of charge under Section 193, I.P.C. Bare reading of section 193 shows that the charge cannot be framed against the accused for the offence under Section 193, I.P.C. as he has not committed any offence in any judicial proceedings. 4. The learned Deputy Govt. pleader was not in a position to support the framing of the charge against the accused for the offence under Section 193, I.P.C. 5. In view of the above, this petition is partly allowed to the extent that the charge framed against the accused under Section, 198, I.P.C. is quashed. The trial court is now directed to proceed further against the accused for the offence punishable under section 420, I.P.C. 6. The rule is made absolute to the aforesaid extent.Rule Made Partly Absolute. *******