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Prabhu Dayal Agarwal and ors. Vs. Murari Lal Agarwal - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1982)3SCC367a
AppellantPrabhu Dayal Agarwal and ors.
RespondentMurari Lal Agarwal
Excerpt:
- tulzapurkar, j.— 1. special leave granted.  2. after hearing counsel on either side we are satisfied that this is not a case where a charge against the appellants for unlawful assembly and rioting could be framed. if at all the appellants could be charged for the individual acts and if material warrants section 34 might be invoked. accordingly the charge framed by the magistrate is set aside and the matter is remanded to the magistrate concerned to frame a proper charge.
Judgment:

TULZAPURKAR, J.—

1. Special leave granted.

 2. After hearing counsel on either side we are satisfied that this is not a case where a charge against the appellants for unlawful assembly and rioting could be framed. If at all the appellants could be charged for the individual acts and if material warrants Section 34 might be invoked. Accordingly the charge framed by the Magistrate is set aside and the matter is remanded to the Magistrate concerned to frame a proper charge.


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