FAROOQ Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside order dated 11.11.97 passed by Mr.D.S.Paweriya, Additional Sessions Judge, Delhi, in Crl.A.No.3/97 and order dated 9.11.97 passed by Mr.Gurdeep Singh Saini. Metropolitan Magistrate, Delhi. Copies of the aforesaid two orders are on the record at pages 4 to 8 and pages 9 to 10 respectively.

(2.) The facts of the case are that the four petitioners herein were convicted and sentenced under Sections 365, 452, 380 and 448, Indian Penal Code in a case arising out of FIR 872/78 by orders dated 7.7.90 and 26.7.89 respectively. An appeal against the conviction and sentence being Crl.A. 3/97 was filed by the convicts. That appeal was taken up for hearing by Mr.D.S.Paweriya ASJ. It appears that during the course of hearing of the appeal, the learned Additional Sessions Judge was told that no fine was imposed under Sections 365, 380 and 452, Indian Penal Code though these sections make it mandatory for imposition of fine. Consequently the learned Additional Sessions Judge on agreement remanded the case to the trial court with the direction to pass sentence keeping in view the legal provisions. This remand order is the first impugned order before me.

(3.) Consequent to such remand order the concerned magistrate passed order dated 19.11.97 whereb