AMARNATH PANDE Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-1987-10-26
HIGH COURT OF MADHYA PRADESH
Decided on October 14,1987

AMARNATH PANDE Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

EMPEROR V. V. DAMAPALA [REFERRED TO]
RAI SINGH VS. STATE OF HARYANA [REFERRED TO]
HIMACHAL PRADESH ADMINISTRATION VS. OM PRAKASH [REFERRED TO]
KHEM KARAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHANDUBHAI SHANABHAI PARMAR VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)This is an application under S.482 of the Code of Criminal Procedure, 1973 (for short, "the Code") for expunging the expression "benefit of doubt" occurring in paragraph 14 of the order of acquittal dated 12-5-1986 passed by the Chief Judicial Magistrate, Indore, in favour of the present petitioner.
(2.)Facts giving rise to this application are these: The petitioner is employed as an Assistant Engineer in the Madhya Pradesh Electricity Board at Indore. He was prosecuted by the police for having criminally misappropriated fifty bags of cement belonging to the M.P.E.B., Indore.
(3.)During the trial, no evidence establishing the offence against the petitioner was produced.


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