PAVITER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PAVITER Singh petitioner alongwith one Manmohan Singh, who has since died were sent up for trial for offences under Sections 326 and 392 IPC in respect of FIR No. 29 dated 9.1.1986 registered at Police Station Sadar, Jalandhar.

(2.) THE petitioner and his co-accused were charge-sheeted and some evidence was recorded. The complainant had earlier moved an application for commitment of the case under Section 397 IPC. The application was, however, dismissed by the Magistrate on 28.4.1986. Thereafter, charges were armed and some evidence was recorded. On 9.11.1990 an application was moved by APP making a request that the case be committed to the Court of Sessions, as offence made-out was under Section 397 IPC. On the basis of this application, the learned Magistrate committed the case to the Court of Sessions vide order dated 24.11.1990. This case was entrusted to the Court of Shri H.S. Bhalla, Additional Session Judge, who framed charges under Section 392 and 397 IPC. The petitioner, in this Criminal Miscellaneous has come to this Court, for quashing of the commitment order and the charges framed.

(3.) SECTION 397 reads as follows :-