KAILASH NATH Vs. STATE

JUDGEMENT

(1.) The petitioner in this case is being prosecuted in the court of a magistrate on a charge-sheet submitted against him by the poUce for offences under sections 406, 420 and 477A Indian Penal Code. On 8th April, 1968 the learned magistrate framed charge against him on consideration of the documents referred to in section 173 of the Code of Criminal Procedure for the offences in respect of which police report had been submitted against him. The petitioner felt aggrieved by that order and preferred a revision against the same in the Court of Sessions Judge, Delhi. The petition was heard by an Addl. Sessions Judge who dismissed the same on September 2, 1968 holding that the charges framed against the petitioner were not groundless. It may however be mentioned that the revision petition was heard by the learned Additional Sessions Judge in the absence of the petitioner's counsel.

(2.) The petitioner has now come up to this Court with an application under sections 561 A and 439 Criminal Procedure Code and it has been contended on his behalf of his learned counsel that the order passed by the learned magistrate framing charges against him was wholly illegal, unjust and improper as there was absolutely no material on the record to justify that course.

(3.) Having heard arguments on behalf of the petitioner and the State and having also examined, carefully all the documents referred to in section 173 Criminal Procedure Code namely, the First Information Report recorded under section 154 Criminal Procedure Code ., the documents on which the prosecution proposes to rely, including the statements recorded by the police under sub-section (3) of section 161 of all the persons whom the prosecution proposes to examine as witnesses, I am of the view that the charge framed against the petitioner in respect of offence under sections 406 and 477A is groundless and deserves to be quashed.