DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution, for quashing FIR No. 43 dated May 3, 1993, under Sections 435/148/149 of the Indian Penal Code (Annexure P-1) and all consequent proceedings thereon.

(2.) THE facts of the case are that on May 3, 1993, Ajmer Singh son of Gurmukh Singh, Jat, resident of village Fatehpur Therri, Tehsil Kharar, District Ropar and others lodged a complaint that they are in possession of agricultural land and had sown wheat crop in their fields. When the crop was ripe, the accused persons/petitioners at about 3 p.m. set fire to their standing crop. At that time they were armed with deadly weapons. On the basis of this FIR Annexure P-1, offence under the aforesaid sections were registered. After concluding the investigation challan was put up before the Judicial Magistrate Ist Class, Kharar. After considering the challan papers, the said Magistrate has framed charges under Sections 435/506/148/149 IPC against the accused persons/petitioners on July 28, 1994. The petitioners filed a revision petition against the said order of framing of the charges, which was dismissed by Shri V.C. Rajput, Addl. Sessions Judge, Ropar, vide order dated December 24, 1994.

(3.) LEARNED Assistant Advocate-General, Punjab relying on Dharam Pal v. Smt. Ram Shri, 1993(1) Recent Criminal Reports 696 : JT 1993 (1) SC 61, objected that as the petitioners have already filed a criminal revision against the order of framing of the charges and it is dismissed by the learned Additional Sessions Judge, they have no legal right to file a second revision in the garb of section 482 Cr.P.C. which is clearly barred under section 397(3) Cr.P.C.