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Barkat Ali @ Bakki vs. The State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 193 & 190–Penal Code, 1860–Secs. 307, 147, 148 & 149–Session triable case–Additional Session Judge took the cognizance against the additional accused which were not charge-sheeted–Whether legal ?–Held, no–Impugned order set aside, however, the prosecution is given liberty to file application u/s. 319 at the appropriate stage.