ROOP RAM SAKHIA Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is filed against the order on charge dated 21.9.2004 as well as the formal charge framed on the same day against the petitioner by the learned Metropolitan Magistrate.

(2.) This case has a chequered history inasmuch as it has apparently been tied up with another case emanating from FIR 107/87 of Police Station Greater Kailash which is essentially a murder case. The present case pertains to certain documentations connected with the person who was murdered in the other case. The case of the prosecution is that the petitioner is involved in a conspiracy and alleged forgery and fabrication of the Will of the deceased in the other case i.e., FIR No. 107/87.

(3.) On 26.2.2002 when this matter came up before the learned Metropolitan Magistrate, it was argued on behalf of the State that this case also be sent to the Sessions Court along with the case bearing FIR No. 107/87 which had been committed to the Court of Session as the present case allegedly constituted part of the same transactions. This course of action was objected to by the Counsel for the petitioner inasmuch as it was contended that it would cause prejudice to the defence of the accused. However, the learned Metropolitan Magistrate was of the view that the present case, being part of the same transactions of the case bearing FIR No. 107/ 87 which had been committed to the Court of Session, also required to be 'sent' to the Court of Session along with the case file bearing FIR No. 107/87.