LAWS(CHH)-2009-12-38

PURUSHOTTAM MALI Vs. LOCHAN PRASAD PATEL

Decided On December 09, 2009
PURUSHOTTAM MALI Appellant
V/S
LOCHAN PRASAD PATEL Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') is for quashment of the order dated 31/3/09 passed by the Additional Sessions Judge, Sarangarh, District Raigarh in criminal revision No. 22/2007 affirming the order framing charge dated 15/6/07 passed by the Judicial Magistrate First Class, Sarangarh in criminal complaint case No. 392/02 whereby after examining the witnesses before charge learned Judicial Magistrate First Class, Sarangarh has framed the charge of the offence punishable under Section 420/34 of the Indian Penal Code against the Petitioners.

(2.) LEARNED Counsel for the Petitioners submits that Respondent No. 3 Purnachand Mali has died.

(3.) BRIEF facts necessary for disposal of this petition is at the instance of Respondent No. 1 complaint case has been registered against the Petitioners for the offence punishable under Sections 420 and 34 of the Indian Penal Code after summoning the accused persons Court below has examined the witnesses before charge in accordance with the provisions contained in Chapter -XIX-B of the Code and after closing of the evidence of the complainant before charge Court below has framed the charge against the Petitioners.