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Gaje Singh and anr. Vs. State of Rajasthan and anr. - Court Judgment

LegalCrystal Citation
SubjectCustoms;Criminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Revision Petition No. 259 of 1983
Judge
Reported in1985WLN(UC)148
AppellantGaje Singh and anr.
RespondentState of Rajasthan and anr.
Excerpt:
customs act - section 155 and criminal procedure code--section 197--revision--withdrawal of--case fixed for dictation of order--petitioner wants to withdraw revision with liberty to raise objections involving certain facts before trial court--permission granted;order accordingly. - .....the order of the learned sessions judge, balotra, dated 7-7-83 by which the objections of the accused-petitioners based on section 197 cr.pc and section 155 of the customs act, was rejected.2. i had heard the learned counsel for the petitioners and that the learned p.p. and the case was fixed for dictation of order today. however, the learned counsel for the petitioners has moved an application that he wants to withdraw this revision petition with liberty to raise these points before the trial court as, according to him, it involves certain questions of fact, which can be placed before the trial court. looking to all the circumstances of the case, am of the opinion that the petitioners may be permitted to withdraw this vision and they shall be free to raise these objections before.....
Judgment:

K.S. Lodha, J.

1. This revision has been filed on behalf of the accused persons against the order of the learned Sessions Judge, Balotra, dated 7-7-83 by which the objections of the accused-petitioners based on Section 197 Cr.PC and Section 155 of the Customs Act, was rejected.

2. I had heard the learned counsel for the petitioners and that the learned P.P. and the case was fixed for dictation of order today. However, the learned counsel for the petitioners has moved an application that he wants to withdraw this revision petition with liberty to raise these points before the trial court as, according to him, it involves certain questions of fact, which can be placed before the trial court. Looking to all the circumstances of the case, am of the opinion that the petitioners may be permitted to withdraw this vision and they shall be free to raise these objections before the trial court if necessary after placing the necessary material before it.

3. In these circumstances, the revision is rejected as withdrawn.


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