TEJ PAL Vs. AMAR SINGH

JUDGEMENT

(1.) TEJ Pal has come to this Court in revision against the order dated 27-10-90 passed by the Addl. Sessions Judge, Kurukshetra.

(2.) THE facts leading to this revision may be briefly stated. The case First Information Report dated 31-3-84 under section 380 of the Indian Penal Code, at Police Station Sadar, Thanesar was registered on the statement of the petitioner who is also Sarpanch of village Malhana. He alleged that Amar Singh respondent had intentionally cut and removed Kikkar trees from the land belonging to the Gram Panchayat. After investigation the Police put in report under section 113 of the Code of Criminal Procedure against the respondent. Copies of the relevant documents were supplied to the respondent. The case was adjourned for consideration or charge. Before the charge was framed, the respondent brought a criminal miscellaneous in this Court under the provisions of section 482, Code of Criminal Procedure for quashing of the impugned First Information Report and the proceedings pending before the Chief Judicial Magistrate. The FIR was quashed and the following observations were made in that judgment :-

(3.) AGAINST this order, the respondent went in appeal before the Addl. Sessions Judge, who, vide the impugned order, set aside the order of the Magistrate and directed that the Magistrate shall lodge a complaint against the petitioner for offence under Section 211, IPC in accordance with the procedure laid down in section 340, Cr. P.C.