SHEO PRASAD AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS is an application under Section 482 Code of Criminal Procedure praying that the order dated 6 -4 -1976, passed in Criminal Case No. 209 of 1975 by Munsif Magistrate, Koil, Aligarh, be quashed.

(2.) THE facts leading to this application can briefly be stated as under : - -

(3.) LEARNED Counsel next urged that even on the allegations in the complaint no offence under Section 395 IPC was made out. It was urged that the act of snatching the Hansli from the neck of Bhagwan Devi was the individual act of Ram Charan and that it could not be said that the remaining applicants were also privy to that act. learned Counsel urged that even on the allegations contained in the complaint this could at best be a case under Sections 147, 323 and 379 IPC and not 395 IPC. Assuming it is so, it cannot be a ground for quashing the order, for, such an argument can still be raised by the applicants after putting in their appearance before the Court concerned.