M S MAHADEVAN Vs. LAKSHMINAEAYAN
HIGH COURT OF KARNATAKA
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(1.)This is a revision petition preferred by the petitioner-complainant against the order of the learned Principal Sessions Judge, Bangalore, in Criminal Revision Petition No. 18 of 1956, confirming the order passed by the learned Second Magistrate, Kolar, discharging the respondent-accused in C. C. No. 2127 of 1955.
(2.)The facts that have given rise to this petition are briefly as follows: The respondent-accused was charge-sheeted by the Kolar Town Police for an offence under Section 379 I. P. C. in the Court of the learned Second Magistrate, Kolar. Alleging that he (accused) on 26-9-55 committed theft of three General Stamp papers valued at Es. 300 belonging to the petitioner-complainant, by snatching the same in a fit of anger from the pocket of the petitioner and tearing them off, and that he thereby committed an offence under Section 379 I. P. C.
(3.)The procedure provided under Section 251-A of the amended Criminal Procedure Code was followed and the learned Magistrate found that, on the materials placed before him, no case of theft was made out and he accordingly discharged the accused under Section 251-A (2) of the Criminal Procedure Code.
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