Decided on November 26,1964

GIR RAJ Appellant
SULLA Respondents


- (1.)THIS application in revision arises in the following circumstances :
(2.)SESSIONS trial No. 85 of 1961 was held in the Court of the Temporary Sessions Judge of Mathura in which the opposite party Sulla was one of the accused under the various sections of the Indian Penal Code. The trial related to the alleged kidnapping of the applicant Gir Raj from his Nohra in village Bathain. In this case Git Raj was examined as a witness and he made certain statements which are the subject matter of a complaint against him filed by the opposite party under Section 500, I. P. C. The Sessions Trial ended in the acquittal of the opposite party.
(3.)IN the proceedings started on the complaint of the opposite party, an application was made before the Magistrate for quashing the proceedings on the ground that the trial was barred by Section 195, Criminal P. C. and by the proviso to Section 132 of the Indian Evidence Act. The learned Magistrate, however, rejected that application and on revision the learned Temporary Sessions Judge of Mathura has concurred with him. The applicant has, therefore, now come up in revision to this Court against the aforesaid order of the Magistrate.

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