(11) S.C.No.463/2009 (Judgment) articles. Accordingly he has recorded the statement of Executive Magistrate, who conducted the identification parade. He also recorded statement of witness Mayur Chandaliya i.e. son of accused Pradip who gave sim­card to Pradeep. After completion of investigation he filed charge­sheet against accused No.1 under aforesaid Sections and accused Nos.2 & 3under Sections 411,412,414,109,212 of IPC. 23/­ The learned Magistrate, after taking cognizance, committed the case to the Court of Sessions for disposal according to law. 24/­ The then Additional Sessions Judge heard learned APP Shri Mugadiya, on behalf of State, Advocate Shri Mote, Advocate Shri Ghanekar and Advocate Shri Barlota for accused Nos.1 to 3 respectively. The learned Additional Sessions Judge had also gone through the Police investigation papers. After considering the arguments and after going through the Police investigation papers, he came to the conclusion that the prosecution had made out prima­facie case against accused No.1 to frame charge under Sections 302,392 r/w 397, 394,376,201,456,457,458,459, of IPC. Similarly, against accused Nos.2 & 3 by name Pradeep Chandaliya and Ram Bodkhe, he had noticed that the prosecution had made out the case against them to

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