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1 - 10 of 14 (0.36 seconds)Section 380 in The Indian Penal Code, 1860 [Entire Act]
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
Section 351 in The Code of Criminal Procedure, 1973 [Entire Act]
Sohan Lal And Ors vs State Of Rajasthan on 21 August, 1990
The provisions of Section 319 had to be read in consonance with the provisions of Section 398 of the Code, Once a person is found to have been the accused in the case he goes out of the reach of Section 319. Whether he can be dealt with under any other provisions of the Code is a different question. In the case of the accused who has been discharged under the relevant provisions of the Code, the nature of finality to such order and the resultant protection of the persons discharged subject to provision under Section 398 of the Code may not be lost sight of. (Emphasis added)
I am unable to agree with the submissions advanced on behalf of the petitioners. Sohan Lal's case (supra) has been noticed by the Supreme Court in the case of Ktshun Singh (supra) and it has been held that the view taken in the case of Jogender Singh (supra) has been reiterated in the Sohan Lal's case and the conclusion arrived at by the Bench in the Sohan Lal's case (supra) with regard to the scope of Section 319 has been quoted in the judgment of Kishun Singh (supra), which runs as, follows :
The Code of Criminal Procedure, 1973
Raghubans Dubey vs State Of Bihar on 19 January, 1967
In the case of Raghubans Dubey (supra) it has been held by the Supreme Court that there could not be any question of discharge when the appellant was not sent up upon the charge-sheet submitted by the police.