PREM SARUP PURI Vs. STATE

JUDGEMENT

(1.) This Order will dispose of Cr. Misc. (SCA) 23 and 24 of 1973 also. All these three Applications have been filed by P. S. Puri under Article 134 (l)(c) of the Constitution of India for a certificate of fitness to appeal to the Supreme Court.

(2.) A criminal prosecution is pending against Puri. The concerned Judicial Magistrate framed a charge against him under Section 468 I. P. C. in the matter or obtaining delivery of Passport No. 1-454020 as alleged therein.

(3.) As against the framing of the said charge Puri filed Cr. Revision 224 of 1972 to quash the said charge; the State had filed another Criminal Revision 265 of 1972 urging that the learned Magistrate ought to have framed charges under Sections 420, 467 and 471 1. P. C. also. Subsequently Puri filed Cr. writ 20 of 1972 under Articles 226 (1), 21 and 22 of the Constitution for a writ in the nature of habeas corpus or other appropria writ, directions or orders. By our common order, against which appeals are sought to be filed in the Supreme Court, we allowed the Revision filed by the State and dismissed the Revision as well as the Cr. Writ filed by Puri. The Revision Petitions and the Cr. Writ were placed before a Division Bench on a reference made by one of us (Ansari, J.) having regard to the importance of the questions raised.