OM PRAKASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS will dispose of Criminal Misc. No. 6860-M of 1989 and Criminal Misc. No. 6861-M of 1989.

(2.) CRIMINAL Misc. No. 6860-M of 1989 has been filed under section 482, Cr.P.C. for quashing of order passed on 6.9.1988 by the Court of Shri H.P. Singh, Judicial Magistrate, Rewari, in Criminal Case No. 357-1, dated 4.10.1986 in State v. Naresh Kumar and others, framing charges against the petitioner and other co-accused under sections 468, 471, 120-B and 420 of Indian Penal Code. Similarly, Criminal Misc. No. 6861-M of 1989 has been filed against order dated 29.10.1988 passed by the same Judicial Magistrate in Criminal Case No. 281-1 dated 21.8.1986 in State v. Daya Ram and others, framing charges against the petitioner and other co-accused under sections 468, 471, 120-B and 420 of Indian Penal Code.

(3.) CRIMINAL Misc. No. 6861-M of 1989 has arisen out of F.I.R. No. 76 dated 7.3.1994. P.S. City Rewari under Sections 420/468/471/120-B of Indian Penal Code and the allegation is that all the accused including the petitioner had hatched a criminal conspiracy. Accused, Daya Ram and Bhagwana had mortgaged 32 kanals of land belonging to the complainant with the Syndicate Bank, Rewari and obtained loan of Rs. 10,000/- each. Om Parkash Advocate (Petitioner) had identified Bhagwana as Harpal Singh. On perusal of the Challan submitted against the accused under Section 173(3) Cr.P.C. the Sub-Divisional Magistrate (Judicial) found that there are sufficient grounds to presume that the accused including the petitioner had committed offences under the aforesaid sections. Accordingly, application for discharge was dismissed and the petitioner was ordered to be charge-sheeted along with other accused, which order is being impugned in Criminal Misc. No. 6861-M of 1989.