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Balwinder Singh vs State Of Punjab on 9 November, 1995

In support of his contention Mr. Guptoo relied on a judgment of the Hon'ble Supreme Court reported in 1996 Cal Ori LR 8 (SC) : (1996 Cri LJ 607) (Balwinder Singh v. State of Punjab). But in my considered view the said judgment is not applicable in the present case as the said judgment was delivered by the Hon'ble Apex Court at the appellate stage against the order of conviction and sentence under Section 302/201, IPC. In the present case the proceeding is at the very initial stage when the learned Magistrate has only taken cognizance of the offence. Such point raised by the petitioner can only be decided by the trial Court after recording evidence.
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