THE STATE OF HARYANA Vs. KISHAN CHAND

JUDGEMENT

(1.) THE facts of the case are as under: - -This Kishan Singh accused had been employed as District Nazir (public servant) in the office of the Deputy Commissioner, Rohtak during the period from 8th January, 1965 to 14th July, 1965 During the period he in his capacity as such public servant is said to have been holding the charge of the Malkhana. The accusation against him is that he during the period in his capacity as such public servant committed breach of trust of 16 kilograms of Sugar and two drums of the value of about Rs. 150/ -. It has been claimed that the articles had been in deposit in the Malkhana and had been under the charge of this accused. His prosecution in this regard under Section 409 of the Indian Penal Code was launched in the Court of Shri K.L. Nagpal, Chief Judicial Magistrate, Rohtak After charge report had been put in Shri Nagpal commenced trial as a warrant case and framed charge for the offence under Section 409 of the Indian Penal Code on 9th April, 197. That charge shows that the offence is triable by him. After this no progress was made in the case until Shri P.L. Sanghi, successor of Shri K.L. Nagpal, recorded the statement of an expert witness on 10th August, 1971. At this the hearing was adjourned to 16th August, 1971. At this the hearing was adjourned to 16th August, 1971 and then to 20th August, 1971. The record does not indicate for what purpose those two adjournments were given. It was on (sic)th August, 1971 that all of a sudden and without giving any intimation to the accused Shri P.L. Sanghi committed the accused to the Court of Sessions for standing his trust for the offence and framed a fresh charge for the offence showing that the case is triable by the court of Sessions.

(2.) BEFORE I commenced the trial of the case the accused has made an application before me showing that the order of commitment is illegal and is liable to the quashed for the following reasons: - -

(3.) SECTION 34(1) of the Code lays down as below: