SANJEEVA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and the learned AGA for the Respondent and perused the record.

(2.) THIS is a petition under Section 482, Code of Criminal Procedure for quashing the judgment and order dated 7.1.2011 rendered by the Sessions Judge, Kanpur Nagar in Criminal Revision No. 332 of 2010, Sanjeeva v. State of U.P.

(3.) ACCORDING to Section 9 of the Criminal Laws Amendment Act, 1932 the offence under Section 7 of the Criminal Laws Amendment Act, 1932 is non -boilable, therefore, the provisions of Section 437, Code of Criminal Procedure are attracted in this case. As such the provisions of Section 88, Code of Criminal Procedure cannot be read in isolation in favor of the accused excluding the provisions of Section 437, Code of Criminal Procedure. In Para 24 of the judgment rendered by the Full Bench, the following observations have been made: