MADAN LAL @ MADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER under aiding section such as 511 IPC and 34 IPC a substantive charge can be framed against an accused is a question of law which requires consideration in the petition filed in this court by Madan Lal alias Maddi under Section 482 Cr.P.C. for the quashment of FIR, Annexure P-1, charge-sheet, Annexure P-2, and subsequent proceedings. The petitioner Madan Lal alias Maddi along with Shri Vijay Kumar alias Mintoo was charge-sheeted in case FIR No. 107 dated 9th August, 1966, P.S. Garhshankar, registered under Section 420/511/182 read with Section 34 IPC and the allegations against the petitioner and his co-accused are contained in para Nos. 1 and 2 of the impugned order which I need not reproduce but suffice to mention that in the concluding para of the impugned order the learned Magistrate passed the order and the accused are discharged for the alleged commission of offence under Section 420/182 IPC but charge-sheet against them for the commission of offence under Section 511 read with Section 34 IPC is ordered to be framed.

(2.) IT has been submitted by the learned counsel for the petitioner that Sections 511 and 34 IPC are not the substantive sections themselves. These are the sections under which an accused can be convicted with the aid of substantive sections such as 420 regarding which the learned Magistrate has already formulated an opinion that accused are not guilty for the offence under Sections 420 and 182 IPC and in these circumstances the accused cannot be tried and prosecuted for the offence under Section 511 read with Section 34 IPC which sections themselves are only aiding sections and in the absence of any substantive section defining the offence the petitioner cannot be tried and convicted under these offences individually or collectively. I find sufficient force in the submission raised by the learned counsel for the petitioner. There is a patent illegality which has been committed by the learned Magistrate when he ordered for the proceedings of the trial for the offence under Section 511 read with Section 34 IPC without coming to the conclusion that no prima facie offence has been committed by the petitioner and his co-accused under any substantive offence.