eng
competition

Text Practice Mode

High Court Ki Taiyari

created Jan 18th 2023, 10:16 by 1998Raunak


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375 words
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While disposing of the aforesaid petition, this Court has observed that after investigation police has found a prima facie case against the accused and submitted charge sheet in the court below. After investigation, the police has found a prima facie case for commission of cognizable offence by the accused, which should have been tried in a court of law. The Court further observed that at this stage, there is no occasion to look into the question whether the charge ultimately can be sustained or not since that would be subject matter of the trial court. In view of the above, this Court has held that no substantial ground has been made out which may justify interference by this Court under Section 482 Cr.P.C. and there is no error of law or perversity in the order dated 12.08.2015 by which the application for exemption has been rejected. Accordingly, prayer no.1 of that petition has been rejected. By means of aforesaid order, the Hon'ble Apex Court issued notices and directed that attendance of the petitioner before the trial court is dispensed with until further orders. The petitioner has challenged the order dated 04.08.2022 whereby the discharge application of the present applicant has been rejected by the learned trial court before the revisional court and the revisional court dismissed the revision vide order dated 21.10.2022 upholding the order dated 04.08.2022 passed by the learned trial court. Both the aforesaid orders have been assailed in this application on the ground that the applicant has not made any appeal for vote on the ground of religion etc. and he has not promoted enmity between the classes of the people, therefore, he may not be held liable for the offence under Section 125 of the Act, 1951. In support of his aforesaid argument, learned counsel for the applicant has placed reliance upon the judgment of the Apex Court in re; Ramakant Mayekar v. Celine D'Silva (Smt.), (1996) 1 SCC 399, citing para 27. However, learned counsel for the applicant has informed the Court that the present applicant being a law abiding citizen appeared before the learned court of Magistrate on 25.10.2021 and has been granted bail. Recital to this effect has been given in item no.13 of the dates and events.

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