PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Partap Singh is a retired Lamberdar. On basis of the report of one Sultan Singh the case has been registered. The prosecution case is that the petitioner identified various persons at different times in connection with execution of several documents before Tehsildar, Hansi. He identified those persons as Lamberdar when in fact he was not a Lamberdar. It had further been asserted that the petitioner had done so for consideration and attested certain sureties in various Courts as Lamberdar while in fact he was not a Lamberdar.

(2.) After investigation challan was submitted in Court. The learned Judicial Magistrate concluded that offences under Sections 419 and 420, IPC were not drawn against the petitioner and accordingly he was discharged. The State preferred a revision petition in the Court of Session. The learned Additional Sessions Judge, Hisar upheld the findings of the learned trial Court that no case under Sections 419 and 420 Indian Penal Code would be made out. But the Court of Session held that the duty of the trial Court does not come to an end. Once it is mentioned that the sections referred to by the police are not attracted, the Court went on to hold that in the facts prima facie offence under Section 170 Indian Penal Code would be drawn. Accordingly, the revision petition was allowed. The learned Additional Sessions Judge directed the trial Court to frame charge against the petitioner for the offence punishable under Section 170, IPC.

(3.) Aggrieved by the said order, the present revision petition has been filed.