(1.) The facts of the case are as under :-
(2.) The learned counsel for the appellant has referred me to wherein their Lordships of Pepsu High Court have laid down as follows :-
(3.) The learned counsel for the petitioner, Shri Matadeen Sharma has also referred to the decision of our own High Court in Criminal Revision No. 11 of 1965 wherein also the afore-said decision of the Pepsu High Court was upheld by their Lordships of our own High Court.