HARBANS SINGH CHOHAN Vs. THE STATE

JUDGEMENT

(1.) THIS Rule is directed against an Order of commitment upon charges under Ss. 420 and 436 of the Indian Penal Code. The petitioner, who is in a large way of business, is alleged to have set fire to his godown said to contain a huge quantity of milk powder and to have realised from the insurance company, with which the goods had been insured, a sum of Rs. 3 lakhs by falsely representing the fire to have been accidental.

(2.) THE commitment is sought to be quashed on two grounds, namely, (a) there was a breach of the procedure laid down in Section 207A of the Code of Criminal Procedure, and (b) there was no prima facie case.

(3.) THE learned Advocate -General for the State has contended that the opinion of the Magistrate that the accused should be committed for trial is not justiciable. He has contended further that Section 215 of the Code of Criminal Procedure not having been amended to include a commitment under Section 207A, this Court has no jurisdiction to quash a commitment, which can only be done on a point of law.