JAI BHAGWAN KAUSHIK Vs. THE STATE

JUDGEMENT

(1.) This criminal revision, preferred under Sec. 397/401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the order dated 18 -11 -1995 passed by J.M. 1st Class, Tehri Garhwal and order dated 15 -1 -1988 passed by Chief Judicial Magistrate, Tehri, Tehri Garhwal.

(2.) In brief, the prosecution case is that one Dharam Singh got his date of birth changed from the record and the same was written as 12 -1 -1955 in place of 12 -1 -1950. After the investigation, the I.O. of PS. Narendranagar filed a charge sheet against Dharam Singh u/ s 468/471 IPC. In the charge sheet, the present revisionist Jai Bhagwan Kaushik was cited as a prosecution witness. Later on, one of the witnesses Sri Chandra Shastri moved an application before the CJM, Tehri Garhwal. The CJM Tehri Garhwal on 15 -1 -1988 passed an order Under Sec. 319 of Code of Criminal Procedure summoning the revisionist Under Sec. 420/468 IPC. The learned Magistrate has summoned the applicant Under Sec. 319 of Cr. PC. on the basis of photocopies of the investigation report. To set aside the order, the revisionist moved an application before the Magistrate, then the Judicial Magistrate I Class, Tehri Garhwal by his order dated 18 -11 -1995 rejected the application and fixed the date for framing the charge. Against the said orders dated 18 -11 -1995 and 15 -01 -1988, the revisionist has come up in revision before this Court.

(3.) I have heard Sri M.C. Pande, learned Counsel for the revisionist and Sri Harish Pujari, learned Addl. GA for the State.