JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition filed under Section 401 of the Cr.P.C. is for setting aside the order dated 14.3.2006 passed by the Additional Sessions Judge, Ludhiana, framing charges against the petitioner under Sections 452, 307, 34, 467 of the IPC.

(2.) COUNSEL for the petitioner contends that the learned trial Court erred in framing charges under Section 307 of the IPC. A perusal of the evidence collected by the prosecution and the allegations levelled in the FIR do not disclose the commission of an offence punishable under Section 307 of the IPC. It is further contended that as no injury was inflicted, no offence under Section 307 of the IPC was made out. It is further argued that in the absence of an injury suffered by the complainant the petitioner's act would be a mere attempt to commit an offence therefore, the learned trial Court erred in framing charges under Section 307 of the IPC against the petitioner. Reliance is placed upon a judgment titled as Sagayam v. State of Karnataka, 2000(2) RCR(Criminal) 840.

(3.) I have heard learned counsel for the parties and perused the paper book.