SHAMSHAD KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application has been filed by Shamshad Khan, u/s 482 Cr.P.C for quashing the order dated 28-11-80 passed by the HI AddI. District Judge, Saharanpur in S.T. No. 251 of 1979, State v. Naushad & others, summoning the applicant as accused u/s 319 Cr .P.C.

(2.) The brief facts giving rise to this application are that one Km. Nayab Rani, aged about 11 years, filed an oral F.I.R. on 25-12-78 at P.S Mandi, District Sabaranpur, registered u/s 368, I.P.C. as crime No. 387 of 1978 against Sbamshad Khan (the present applicant) Naushad, Inam and Saeed, for abducting her sister Gulshan Aftab Kishwar Aftab. A copy of the said F.I.R. is annexure-A. As. a result of the investigation a charge-sheet u/s 363, 366, 368, I.P.C. was submitted on 6-4-79 against Naushad, Inam and Saeed while Shamsher applicant was shown as absconding accused.

(3.) The Magistrate committed the abovementioned three accused to the Sessions court on 17-7-79 to stand their trial 25-10-79 was the dated fixed for the framing of charges. However on that day the State Counsel moved an application to summon Shamsbad accused-applicant u/s 319 Cr. P.C. so that he may be tried together with the other three accused. On this application Shamshad applicant was summoned and he filed objections dated 19-1-80. After hearing the parties the application of the State was rejected vide order dated 11-4-80, annexure-D. Its perusal shows, that the said application was rejected relying on the decisions (I) Patanallchala China Lingaiah v. The State & Another, Abdul Majid & others v. The State (Delhi Administration) Delhi 239. These two decisions are to the effect that in view of the provision of Section 193. Cr. P.C. the court of sessions could not take cognizance of any offence unless the case was committed to it by the Magistrate. Accordingly the Sessions Judge was of the view that Shamshad applicant could not be tried by him by direct implication. In other words, the committal by the Magistrate was considered necessary. By the said order dated 11-4-80 the proceedings against Shamshad applicant were ordered to be dropped.