GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gian Singh has filed petition under Section 482 of the Code of Criminal procedure, 1973 ( in short - Cr.P.C.) for setting aside order dated 21.8.2007 (Annexure P-1) and order framing charge dated 7.12.2007 (Annexure P-2) passed by learned Chief Judicial Magistrate, Bathinda and order dated 31.10.2008 (Annexure P-3) passed by the learned Additional Sessions Judge, Bathinda in case FIR No.239 dated 2.5.2006 under Sections 447 and 511 of the Indian Penal Code ( in short - IPC) registered at Police Station Kotwali, Bathinda.

(2.) It has been alleged by the petitioner that FIR No.239 dated 2.5.2006 under Sections 447 and 511 of the IPC was registered at Police Station Kotwali, Bathinda against him on the allegations that he tried to take forcibly possession of plot No.88 belonging to one Darshan Kumar. However, the police could not be able to put up the challan in the Court for almost one and half years and the challan was presented on 21.8.2007 in the Court of learned Chief Judicial Magistrate, Bathinda. The Court can not entertain and act upon charge sheet or a police report submitted under Section 173 Cr.P.C. on the basis of investigation conducted after expiry of six months as provided under Section 167(5) of the Cr.P.C. It has been further alleged that the offences under Sections 447 and 511 IPC both are to be tried summarily and should have been tried according to the procedure prescribed for summons case in the Code. It has been further alleged that both the Courts below failed to appreciate the aforesaid provisions of law and passed untenable impugned orders.

(3.) The petition has been opposed.