KAILASH PRASAD JALSWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri Krishanji Khare, learned counsel for the revisionists, learned AG. A and Sri Haridwar Singh counsel for the Union of India.

(2.) ORIGINALLY an application under Sec tion 482, Cr. P. C. was moved for quashing the charge-sheet dated 17-6-97 but later on the application was converted into Criminal Revision.

(3.) THE main contention of the learned counsel for the revisionists is that there is absolutely no evidence against the revisionists on the basis of which charge could be framed against them and that the alleged statement of co-accused Jawahar Yadav coming at the time of his arrest ex onerating himself and involving the revisionists was not admissible in evidence. THE trial Court was insisting personal ap pearance of the revisionists without con sidering the aforesaid contentions of the revisionists. By order dated 1-8-97 time was granted to the A. G. A for filing counter-af fidavit. No counter-affidavit has yet been filed. However, the revision can be disposed of on merits at this stage.