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Sanjay Kumar Rai vs. State of Uttar Pradesh & Anr. (SC)

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Code of Criminal Procedure, 1973–Secs. 239 & 397/401–Dismissal of discharge application–Revision against–Dismissed by the High Court without entertaining the revision petition on merits–High Court also overlooked the fact that the discharge is a valuable right of accused–Fairness of investigation and the aspect of improvement in the statements of witnesses were also not considered–Impugned order set aside and matter remanded back to High Court for reconsideration.