SANASAM INDRA SINGH Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure arising from an order dated 8.3.1982 passed by the learned Judicial Magistrate of the first class, Imphal West, Central District to Crl. (P) Case No. 116 of 1981 instituted on a police report against the Petitioner and two other persons. The learned Magistrate passed the order framing a charge under Section 380/34 IPC. against the Petitioner and two others, The charge framed against Petitioner and two others under Section 380/34, IPC, is that on 16.8.1981 at 12.00 mid -night in collusion committed the theft of some parts of sugar -cane grinding machine from the house of informant, Laishram Ibotombi Singh of Lamdeng Khunou. The Petitioner and others plead not guilty. Out of the three accused the Petitioner Sanasam Indra Singh has questioned the order of framing of charge against him.

(2.) SECTION 239, Code of Criminal Procedure provides for, when an accused shall be discharged. Section 240, Code of Criminal Procedure is a provision for framing charge against an accused. Section 239, Code of Criminal Procedure runs:

(3.) FOR the foregoing reasons, the petition is allowed so far as the Petitioner is concerned and the charge framed against him is quashed and the Petitioner, Sanasam Indra Singh is discharged. The Bail Bond, if any, is hereby cancelled. This judgment and order is without prejudice to the trial of the other two (accused persons).