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Hari Singh vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 319& 398–Penal Code, 1860–Secs. 147, 148, 149, 323, 326, 307 & 379–FR Submitted by police in regard to present petitioner–Allowed by Judicial Magistrate–Protest petition–Dismissed–Revision by complainant Also dismissed–Matter was committed for sessions trial–Application u/s. 319 before Sessions Court–Allowed–Whether legal? –Whether the application u/s. 319 in the instant case was maintainable by Sessions Court ?–Held, no–Accused was discharged earlier, and nature of finality of this order and the resultant protection of him subject to revision might not be lost sight.