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Ram Sambhari Tewari Vs. Rajman Naik and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All233; 45Ind.Cas.511
AppellantRam Sambhari Tewari
RespondentRajman Naik and ors.
Excerpt:
criminal procedure code (act v of 1898), section 438 - acquittal--revision by complainant--reference by sessions judge for re-trial to high court--delay, effect of. - henry richards, c.j.1. it appears that eleven persons were tried and acquitted for offences under section 147 read with section 347 of the indian penal code. the order of acquittal is dated as far back as the 4th of december 1916. government did not appeal against the order of acquittal and i think having regard to the long lapse of time that it would be inadvisable to open up the matter now. i accordingly direct that the record be returned.
Judgment:

Henry Richards, C.J.

1. It appears that eleven persons were tried and acquitted for offences under Section 147 read with Section 347 of the Indian Penal Code. The order of acquittal is dated as far back as the 4th of December 1916. Government did not appeal against the order of acquittal and I think having regard to the long lapse of time that it would be inadvisable to open up the matter now. I accordingly direct that the record be returned.


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