JAGDISH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Additional Sessions Judge, Narnaul, vide his order dated March 16, 1988, came to the conclusion that no offence under Section 366, Indian Penal Code, is made out and as the other offences are triable by Magistrate 1st Class, he sent the case to the Chief Judicial Magistrate Narnaul to frame the charges prima facie made out against the accused. The petitioner has challenged this order on the ground that the order of the Additional Sessions Judge is against law as it violates the provisions of section 228(1), Criminal Procedure Code. Section 228 reads as under : 228. Framing of charge :-

(2.) THE learned Sessions Judge was to frame the charge and also send the case to the Chief Judicial Magistrate for trial. The order sending. the case back to the Chief Judicial Magistrate without framing the charge is not legally maintainable. The order of Additional Sessions Judge, Narnaul, dated March 16,1988 is set aside and he is directed to frame the charge made out against the petitioner in the light of the provisions of section 228 Cr.P.C. With this direction the petition is disposed of.