BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In State v. Basant Singh (Sessions Case No.1-R of 1984) pending in Special Court, Patiala, the accused have been charged by Special Judge vide order dated September 5, 1984. All the accused have been charged under S.149, I.P.C. Raja Singh accused has been charged under S.307, I.P.C. and the remaining accused under S.307 read with S.149 IPC Joginder Singh accused has been charged under S.323, IPC and the remaining under S.323/149, IPC Sewa Singh has been charged under S.324, IPC, and the remaining under S.324/149, IPC. Kuldip Singh has been charged under S.323, IPC and the remaining under S.323/149, IPC. Basant Singh is one of the six accused in the Sessions case. He filed Criminal Miscellaneous No.5857-M of 1984, under S.482, Cr.P.C., praying that the order of the Special Judge dared September 5, 1984, framing the charge against him and other accused under S.307, IPC, be quashed and consequently the case may be directed to be sent to the Chief Judicial Magistrate, Ropar, for trial for an offence under S.326, IPC.

(2.) During the course of hearing before the learned single Judge, a question arose whether a petition under S.482, Cr.P.C. can be entertained against the order of the Special Judge dated September 5, 1984. The learned single Judge opined that the point whether a petition under S.482. Cr.P.C., can be entertained against an interlocutory order passed by the Special Judge or not is of considerable importance and should be decided by a larger Bench. It is under these circumstances that this matter has come up before us for consideration.

(3.) Special Courts have been set up in the State of Punjab and Union Territory, Chandigarh, under S.4. Terrorist Affected Areas (Special Courts) Ordinance, 1984, which now stands replaced by the Terrorist Affected Areas (Special Courts) Act, 1984, (hereafter the Act). Section 7 of the Act deals with the jurisdiction of the Special Courts. The relevant part of this section reads :