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Clubbing and consolidation of police case and complaint case

 

Clubbing and consolidation of police case and complaint case is not permissible

 
The prosecution case as set out in the complaint is at complete variance with that in the police challan. In our judgment, it is not permissible for the Court under Section 223 of the Code to club and consolidate the case on a police challan and the case on a complaint where the prosecution versions in the police challan case and: the complaint case are materially different, contradictory. and mutually exclusive.

Supreme Court of India
Harjinder Singh vs State Of Punjab And Ors. on 21 December, 1984
Equivalent citations: AIR 1985 SC 404, 1986 CriLJ 831, (1985) 87 PLR 103


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