PRITAM SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS petition has been filed by Pritam Singh and five others against Ashok Kumar and State of Punjab respondents, under section 482, Code of Criminal Procedure, with a Prayer for quashing of the charge framed by the Judicial Magistrate First Class, Hoshiarpur, on July 9, 1985 in the complaint filed by respondent No. 1 against the petitioner.

(2.) A view salient facts regarding the background of the matter may be noticed. On July 24, 1981, Ashok Kumar respondent filed a complaint against eleven persons under various sections of the Indian Penal Code. All the accused were summoned by the Judicial Magistrate First Class, Hoshiarpur in the complaint excepting Piara Singh who had died during the pendency of the proceedings. Meanwhile, the Police submitted a challan against three of the accused, namely, Varinder Kumar, Darshan Lal and Kewal Kumar on the same facts. The learned Magistrate vide his order, dated November 11, 1983 (Copy Annexure P/2) directed that the case against these three accused should proceed and a separate complaint be filed against the present petitioners. Consequently, a separate complaint was filed by respondent No. 1 against the petitioners and one Amar Singh on November 19, 1984. After recording the statements of some witnesses, the learned Magistrate discharged Amar Singh aforesaid but framed charge under sections 120-B, 468, 465/471, Indian Penal Code, against the petitioners as per order, Annexure P/4. The charge-sheet is Annexure P/5. The present petition as already noticed, has been filed with a prayer for quashing of the said charge-sheet.

(3.) THERE is no gainsaying that the extraordinary powers vested under section 482, Code of Criminal Procedure, are generally not to be exercised in a case where there is prima facie material for the framing of a charge. The argument, in the present case, however is that the very nature of the charge framed against the petitioners is such that the same cannot be sustained under the law. It is further contended there is no material at all on the record to show that the petitioners-venders had entered into a conspiracy with Varinder Kumar. In fact, Varinder Kumar was not even arrayed as an accused along with the petitioners. As already noticed, Varinder Kumar's prosecution for various offences in the Court of the Judicial Magistrate First Class, Hoshiarpur, culminated with his conviction under sections 467, 468, 471 and 420, Indian Penal Code, as per judgment of that Court, dated November 12, 1983 (Annexure P/6). For the said offences, Varinder Kumar was sentenced to various terms of imprisonment and fines, the maximum being two years Rigorous Imprisonment and a fine of Rs. 2,000/- under section 467, Indian Penal Code.