LAWS(ALL)-1978-4-27

STATE OF U P Vs. RAJA BABU

Decided On April 05, 1978
STATE OF UTTAR PRADESH Appellant
V/S
RAJA BABU Respondents

JUDGEMENT

(1.) THIS revision is directed against an order dated 7-7-75 passed by First Additional Sessions Judge, Etawah, discharging the opposite- parties (Raja Babu and Ram Behari) in a case under Sections 399, 402 and 307 IPC.

(2.) THE opposite-parties had been committed to the Court of Session to stand their trial under Sections 399, 402 and 307 IPC. When the case was opened in the Court of First Additional Sessions Judge, Etawah, by the Public Prosecutor a plea was raised on behalf of the opposite-parties that there was not sufficient ground for proceeding with the trial against them and they should be discharged in accordance with Section 227 CrPC. THE First Additional Sessions Judge accepted the plea and discharged the accused by the impugned order. THE State of U. P. has come up in revision to assail the order aforesaid.