Code of Criminal Procedure, 1973–Sec. 193–Dismissal of application–Justification–Police had filed the FR against the accused-respondent nos. 2 & 3 on the ground of the confessional statement of the main accused that no other person accompanied with him–In the FIR, it was specifically alleged that the main accused came with respondent nos. 2 & 3–Complainant and eye-witness K also deposed in the statements u/s. 161 that the main accused was present at the spot of incident with 3-4 other persons–Trial Court did not consider the statements of eye-witnesses at the time of rejecting the application–There is prima facie sufficient evidence against the respondent-accused–Impugned order set aside and matter remanded back for deciding the application afresh.
