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1987 (1) TMI 415

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..... The present petitioners have moved this court in revision being aggrieved by the order dated January 4, 1986, by which the learned Metropolitan Magistrate rejected the prayer of the present petitioners for exemption from examination under section 313 of the Code of Criminal Procedure and issuing a warrant of arrest. The petitioners who are accused in Case No. C/1832 of 1980 under section 162( .....

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..... on 205 of the Code of Criminal Procedure should have dispensed with their examination under section 313, Criminal Procedure Code, after the close of the prosecution evidence when the present petitioners themselves prayed for dispensing with their examination. In support, a decision of this court in Ramacast Ltd. v. Registrar of Companies [1986] 3 Crimes has been cited where a single judge of .....

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..... Criminal Procedure. In this particular case, I do not find any reason whatsoever as to why the learned Magistrate rejected the application. He did not assign any reason. He did not indicate that there was any incriminating evidence against the petitioners which needed examination under section 313, Criminal Procedure Code. I also do not find that on behalf of the opposite party any objection wa .....

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