BRIJ MOHAN ALIAS VIJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHILE hearing the bail application of Brij Mohan alias Vijay petitioner, it has come to my notice that Shri Rajinder Kumar Bishnoi, Chief Judicial Magistrate, Rohtak himself proceeded with the trial of the case after framing charge under Section 39 of the Indian Penal Code against the petitioner and his co-accused Tilak Raj. The bail application itself reveals that FIR No 758 relates to commission of offence under Section 392 IPC as well as under Sections 397, 398 read with Section 34 of the IPC. Perusal of the said FIR also reveals that one of the culprits was armed with a knife and he had kept that knife on the neck of Jai Parkash, first informant and the latter was told that he should-hand over whatever he had. Thereafter the first informant is said to have handed over two notes of rupees one hundred each to the culprits. Without following proper procedure for commitment of the case, the Chief Judicial Magistrate proceeded with the trial of the case himself, after framing charge under Section 392 of the IPC.

(2.) EXPLANATION of the Chief Judicial Magistrate, Rohtak was sought wherein he has tried to justify his action on the ground that the FIR had only been registered under Section 392 of the IPC and that offences under Sections 397 and 398 of the IPC were mentioned below Section 392 IPC in the report under Section 173 of the Code of Criminal Procedure. This according to him appears to be a later addition.

(3.) THE occurrence is, alleged to have taken place more than a year back and the trial of the petitioner has been unnecessarily prolonged because of error committed by the Chief Judicial Magistrate, referred to above. Brij Mohan petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Rohtak. Copy of this order be sent to the Chief Judicial Magistrate, Rohtak as well as to Sessions Judge, Rohtak for compliance. Copy of this order be sent to the Registrar of this Court and placed on the personal file of Shri Rajinder Kumar Bishnoi, Chief Judicial Magistrate, Rohtak. Order accordingly.