RAM KRISHNA DALMIA Vs. STATE
HIGH COURT OF PUNJAB AND HARYANA
RAM KRISHNA DALMIA
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(1.) THIS revision petition filed on behalf of Mr. Ram Krishana Dalmia has arisen in the following circumstances.
(2.) ON 21-9-1955 a first information report was drawn up and a case registered under Section 409, Indian Penal Code, by the Special Police Establishment, Delhi, in which the principal allegation was that the present petitioner had committed criminal breach of trust in respect of an enormous sum of money over Rs. 2,00,00,000/- belonging to one of the companies in which he had a controlling interest. The petitioner was arrested very promptly and released on bail, but it was only after a long investigation that, on 26-11-1956, the Special Police Establishment presented a charge sheet under Section 173, Criminal Procedure Code, in the Court of the Magistrate against the petitioner and eight other accused on various charges, including Ss. 409 and 477-A, 409 read with 120-B, 477-A read with 110 and 477-A read with 120-B of the Indian Penal Code. The sanction necessary under Section 196-A, Criminal Procedure Code, for the prosecution of the accused had been obtained in the form of an order from the Chief Commissioner of Delhi sanctioning their prosecution under Sections 409 and 477-A read with 120-B, Indian Penal Code.
(3.) THE nature of the case is such that for its proper trial it will have to be committed to the sessions Court, and the question has arisen at the instance of the accused at a preliminary stage of the proceedings in the Court of the Magistrate whether the commitment proceedings should be in the summary form provided in Section 207-A, Criminal Procedure Code, or whether the full commitment proceedings provided in Section 208, which are on the old lines of commitment proceedings before the Criminal Procedure Code was amended in 1956, should be adopted, the latter being claimed by the accused as their legal right.;
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