RAM GOPAL Vs. PREM LATA

JUDGEMENT

(1.) The petitioners seek quashing of criminal proceedings pending in the Court of the Judicial Magistrate I Class, Patiala u/s. 405/ 406, I.P.C.

(2.) Smt. Prem Lata respondent is the wife of Ram Gopal, petitioner. Krishan Murti Sharma, petitioner-2 and Smt. Savitri Devi, petitioner-3 are the parents of Ram Gopal petitioner-i. The marriage of Ram Gopal and Smt. Prem Lata was solemnised on i0-3-i974. Out of this wedlock a son was born. In the first instance, the Magistrate, vide his order dated i8-li-l985 had summoned petitioner-i, along with Smt. Santosh Kumari and Krishan Kumar. That order was challenged in revision and the learned AddI. Sessions Judge, vide order dated 3-i-i986, set aside the order of the summoning of Smt. Santosh Kumari and Krishan Kumar. Thereafter the Magistrate, vide his order dated iO-8-i988, Annexure p 2, dismissed the complaint on the ground that it was barred by time and discharged the accused. This order was challenged by the respondent and the learned AddI. Sessions Judge, vide his order dated i0-i2-i988, accepted the revision and directed the framing of the charges against the petitioners u/ss 405 and 406, I.P.C. The petitioners challenge that order.

(3.) Vide order dated i0-8-i988, Annexure P 2, the learned Magistrate had discharged the accused- person of the offence. Under Section 398 of the Code of Criminal Procedure, the revisional Court could order holding of further inquiry into the complaint in which the accused persons had been discharged of the offence. The AddI. Sessions Judge had, thus, no power to direct the framing of the charge against the present petitioners. Framing of the charge was a matter which was to be considered by the learned Magistrate on further inquiry. On that basis, the order Annexure P 3 is not legal and is liable to be quashed.