AZAD SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision is directed against the judgment dated 30.01.2007 passed by the Additional Sessions Judge (Fast Track Court), Bhiwani who dismissed the appeal filed by the petitioner and maintained the order passed by the Sub Divisional Judicial Magistrate Charkhi Dadri.

(2.) The trial Magistrate had convicted the petitioner under Section 419 Cr.P.C. to three years rigorous imprisonment alongwith fine of Rs. 5000/- and rigorous imprisonment for 2 years alongwith fine of Rs. 5000/- under Section 177(II) IPC.

(3.) The facts may be narrated first to have the factual score. Satbir Singh appeared before the Sub Divisional Judicial Magistrate, Charkhi Dadri and made a complaint which in turn was forwarded to the police for registration of the present FIR. Earlier FIR No. 133/1993 was registered against Satbir Singh under the Excise Act at Police Station City Dadri. The accused failed to appear and his warrants were issued. Satbir appeared in the Court and sought withdrawal of the warrants as he had never been arrested in any case nor had furnished bail in the Court. The applicant mentioned that he suspected his co-villager Azad son of Jag Ram to have used his name and thereby concealed his own identity. The police investigated into the complaint and arrested Azad Singh and Hawa Singh.