For there is the second and distinct reason for which the learned Judge upheld the appellant's dismissal.
It has to do with the word "proved" appearing in para. (a) in the proviso to Article 135(2) of the Federal Constitution. The word, it is to be noted, is "proved" and not "convicted". In a case where a binding over order is made under s. 173A of the Code, there must first be a plea or a finding of guilt.
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