1981 INSC 0050
                                        Prabhu Dayal Agarwal and Others
                                                           Vs

                                                Murari Lal Agarwal
                                         Criminal Appeal No. 67 of 1981
                                  (V.D. Tulzapurkar, D. Chinnappa Reddy JJ)

                                                      27.01.1981
                                                     JUDGMENT
TULZAPURKAR, J. -
1. Special leave granted.
2. After hearing counsel on either side we are satisfied that this is not a case where a charge against
the appellants for unlawful assembly and rioting could be framed. If at all the appellants could be
charged for the individual acts and if material warrants Section 34 might be invoked. Accordingly
the charge framed by the Magistrate is set aside and the matter is remanded to the Magistrate
concerned to frame a proper charge.
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