BAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition directed against Order dated 31.8.2006 passed by the Judicial Magistrate Ist Class, whereby an application of the accused for discharge has been dismissed. Gist of the case is that FIR bearing No.95 dated 21.6.1995 was lodged at the instance of the petitioners under Sections 392, 457 and 342 IPC. Subsequently, it seems that on secret information, the petitioners themselves were reported to be the offenders and therefore, a raid was conducted on 22.6.2005 wherein heavy recoveries were made. The final report under Section 173 (2) Cr.P.C. was presented in Court against the petitioners on 10.9.2005. Having considered the material available on the final report, charge was framed against the petitioners on 13.1.2006.

(2.) It seems that an application for further investigation was made whereupon the police filed supplementary challan under Section 173(8) Cr.P.C. on 25.5.2006 wherein, the petitioners have been exonerated. On the basis of the supplementary challan, an application for discharge has been filed. The Judicial Magistrate Ist Class has considered the matter and the relevant portion of the order reads thus:-

(3.) Learned counsel for the petitioners has addressed arguments on the basis of the supplementary report. Perusal of relevant portion of the impugned order noticed above does not reflect any illegality or impropriety in the order. There is no merit in the petition which is accordingly dismissed.