I had posted this before as well but as anonymous.
The case is registered u/s 420/34 later on added 174*A of IPC. Accused tried bail upto SC but was not allowed. But in SC it was withdrawn whereas in Sessions and HC it was dismissed on merits.
Now the accused had surrendered himself in the MAgistrate Court who gave 2 days Police Remand and then sent to Judicial Custody. Its almost two months now since hes in custody. Nothing was recovered, no confessions were made. Its a False case. I know about it.
Now when the Application u/s 437 was presented, the Opp Counsel only argued that the he was not granted AB in Sessions and HC both. There was no contentions of SC. And upon this magistrate without listening to anything simply said dismiss it.
Now when we will apply for another application u/s 439 the contentions will be again that the AB was dismissed by HC. In that case, what could be done? BEcause Opp Counsel does not argue on the basis of FIR.
