1976 (7) TMI 173

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..... Radhanagari, District Kolhapur, and who has been directed to be made an accused by adding his name to the charge-sheet. Being aggrieved by that order of the learned Magistrate, he filed a revision application before the learned Sessions Judge, Kolhapur. The learned Sessions Judge took the view that this was an interlocutory order and he had no right to interfere at that stage. Being aggrieved he f .....

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..... ort order the learned Magistrate directed his name to be included in the charge-sheet. The operative part of his order says that he saw the panchnama and the police statement of witness Vasant Phondiram Jadhav. From those documents he was satisfied that there was evidence against Krishna Parshuram Karekar for receiving stolen articles under Section 411, Indian Penal Code. Hence he was directed to .....

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..... midst of an inquiry or trial. The second condition requisite is that in such an inquiry or trial it must appear to the Court from the 'evidence' before it that the person concerned needs to be tried as an accused person. The main question is what is 'evidence' so far as the Court holding an inquiry or trial is concerned. If the police collect evidence against a person, they have a .....

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..... h person shall be "commenced afresh, and the witnesses re-heard". This would clearly show that when the witnesses are heard by the Magistrate that constitutes evidence and it is this evidence which has to be heard by him again in the presence of the added accused after taking action under Sub-section (1) of Section 319. 5. Thus it is clear that the material collected by the police which .....

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..... e also set aside the order of the trial Magistrate of adding the name of the present petitioner to the charge-sheet. We further direct that the learned Magistrate may proceed to record the evidence and thereafter hear and dispose of the case according to law and in the light of our observations made in this order. 8. The petition thus succeeds and is allowed. Rule made absolute.
Case laws, De .....

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