INDERPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The applicants Inderpal Singh and seven others were accused in a first information report giving rise to case crime No. 27 of 1988, P.S. Chandi Nagar, district Meerut. Inderpal Singh was arrested on 24.5.88 and on his applying for bail before the Magistrate he was released on bail. Balkar Surrendered in court on 31.5.88 and was granted bail by the Magistrate the same day. Applicants Kanwar Singh, Tek Chand, Gajai Singh, Yashpal, Harbir and Jogendera Singh, surrendered before the Magistrate on 23.5.88 and were granted bail the same day. These facts are not disputed. It has been argued that initially the case was not registered under Section 307 I.P.C.

(2.) It has been averred in paragraph 9 of the counter affidavit that a charge sheet has now been filed by the Police after examining the witnesses under Section 161 Cr. P.C. for an added offence punishable under Section 307 I.P.C. Non bailable warrants were issued against the applicants after the Magistrate had taken cognizance of the matter. In paragraph 11 of that affidavit it has been stated that the magistrate had withdrawn the non bailable warrants on the objections filed on behalf of the applicants and then directed insurance of summonses. It is stated that the police now wants to arrest the applicants under Section 307 IPC Hence this application under Section 482 Cr. P.C.

(3.) It does not appear that after the applicants were granted bail by the Magistrate they in any way, interfered with the prosecution witnesses or abused or misused the bail granted to them. However on facts of the present case Sri P.S. Adhikar, learned A.G.A. appearing on behalf of the State has contended that it was always upon to the Investigating officer to file a charge sheet under some different sections of the Indian Penal Code also if he was of the view that the materials disclosed commission of that offence. This factual and legal position cannot be challenged. The right of the Investigating officer to challan the accused through the charge sheet against, these offences which; according to him, are made out from the statements recorded by the Investigating officer, is available under the law to the Investigating agency.