JAI BHAGWAN KAUSHIK Vs. STATE

JUDGEMENT

(1.) THIS criminal revision, preferred un der Section 397/401 of Code of Crimi nal Procedure, 197. 3 (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 Judi cial 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 P. S. 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 u/s 319 of Cr. P. C. summoning the revi sionist u/s 420/468 IPC. The learned Magistrate has summoned the applicant u/s M9 of Cr. PC. on the basis of pho tocopies 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.) IN the above said case of Y. Sarabba Reddy (Supra), the Hon'ble Apex Court has held that the trial court can take such a step to add such per sons as accused only on the basis of evi dence adduced before it and not on the basis of materials available in the charge-sheet or the case diary because such materials contained in the charge sheet or the case diary do not constitute evi dence.