STATE OF HARYANA Vs. KISHAN

JUDGEMENT

(1.) SHRI Kishan along with others had been committed to the Court of Sessions by the learned Judicial Magistrate, Gurgaon on 11.1.1989. The commitment was pertaining to offences punishable under sections 302/325/323/506/148 read with Section 149 of the Indian Penal Code. The learned Additional Sessions Judge, Gurgaon to whom the case was assigned framed a charge against Shri Kishan and others on 27.1.1989 with respect to the above said offences. It was adjourned for prosecution evidence to 23.2.1989.

(2.) ON 23.2.1989 when the case was listed for evidence before the learned Additional Sessions Judge, the learned Public Prosecutor submitted an application that procedure under Section 475 Cr.P.C. has not been complied with inasmuch as the judicial magistrate did not inform the Commanding Officer of the unit where Sh. Kishan was working as officer before committing him to the Court of Sessions. Accordingly, it was prayed that the case should be sent back to the committing Court for compliance of the provisions of the Code of Criminal Procedure.

(3.) THE sole contention raised has been that Sh. Kishan is a military personnel. qua him without complying the provisions of Section 475 Cr.P.C. namely without informing the Commanding Officer of the unit he could not be tried by the Court at Gurgaon and therefore, it is appropriate that charge qua Sh. Kishan be quashed including the commitment order so that suitable directions are issued to the subordinate Court pertaining to the said commitment and the charge that had been framed.