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Sagar vs. State of U. P. & Anr. (SC)

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Code of Criminal Procedure, 1973–Sec. 319–Rejection of application by trial Court–Order set aside by High Court–Justification–View of the trial Court that the complainant and his father were not eye-witnesses of the incident and the fact was noticed by the Investigation Officer that the appellant removed the electric wire–High Court failed to consider the basic principles laid down for invoking the powers of Sec. 319–Impugned order passed by the High Court is liable to be quashed and set aside.