Supreme Court of India
Ramekbal Tiwary v. Madan Mohan Tiwary & Anr.
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What the Court ordered
We hold that the view taken by the Madras High Court in Krishna Rec/div.
Judgment, page 7
From the headnote
Code of Criminal Procedure (Act 5 of 1898). ss. 209(1), 403, 437 and 439-Police comploint of major offence triable by Sessions Court Magistrate framing charge for minor offence-Accused tried and acquitted of minor offence by Magistrate-Sessions Court setting aside acquittal and directing committal for major offence-Order of Sessions Court confirm ed by High Corm-Jurisdiction of Sessions Court-Acquittal of minor ofience, if res judicata regurding tnajor offence. The police filed a charge sheet against the 3ppdlon1 and 01hers for an offence under s. 307, read wiih ss. 148 and 149 of Ihe Penal
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