VED PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Criminal Revision Nos. 318, 343 and 856 of 1999, which have been filed by three different accused against the order dated 11.12.1998 vide which charge has been framed against them by the learned Chief Judicial Magistrate, Patiala, under Sections 379/409 and 120-B IPC in case FIR No. 154 dated 5.7.1998 registered at P.S. Kotwali, Patiala. However, the facts are taken from Criminal Revision No. 318 of 1999.

(2.) THE petitioner has challenged the aforesaid order on the ground that the said order was totally a non-speaking and cryptic order in which no discussion has been made and no reason has been recorded for framing the charge against the petitioner under the aforesaid Sections.

(3.) F .I.R. in this case was lodged against the petitioner on 5.7.1998, on the basis of the complaint written by the General Manager, P.R.T.C., Patiala-II to the Senior Supdt. of Police, Patiala. In the complaint, it was alleged that the petitioner and his other co-accused while on duty as Sub Inspectors and who were having the duty of disbursement of tickets to various conductors, had stolen the tickets and misappropriate the amount mentioned in the complaint. It was also alleged that after investigating the case, the police filed the challan against all the accused under Sections 379/409 and 120-B IPC. The learned Chief Judicial Magistrate, after taking into consideration the police report and the documents annexed therewith and after hearing the counsel for the accused, prima facie, came to the conclusion that there were sufficient ground for proceeding against the accused and accordingly framed the charges against the petitioner under Sections 379/409 and 120-B I.P.C.