BHIM SAIN Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner has filed this petition under Articles 226/227 of the Constitution of India against the order dated 6-12-2001 passed by learned Additional Sessi'ons Judge-II, Kangra at Dharamshala in Criminal Revision No. 23-B/1999 while allowing the revision filed by respondent State, the order dated 16-11-1999 passed by Judicial Magistrate 1st Class, Baijnath, has been set aside on an application under Section 309(1) and Section 468 of Criminal Procedure Code as also another application under Section 311, Cr. P. C. for recall of Shashi Kant Awasthi witness who was given up on 11-8-1999 during the course of trial.

(2.) With a view to properly understand and appreciate the respective submissions as projected at the time of hearing of this petition, it is necessary to refer to few facts. Petitioner is being prosecuted on the basis of FIR No. 94/92, registered at Police Station, Baijnath, under Sections 409 and 420 of the Indian Penal Code.

(3.) In this case, trial Court on being satisfied framed charges on 7-3-1996 to which petitioner pleaded not guilty. Record shows that neither charge-sheet nor the statement of the petitioner was signed by the then Judicial Magistrate 1st Class (II), Palampur, District Kangra, This fact was noted by the trial Court before commencement of the prosecution evidence, as such fresh charge-sheet was framed on 9-1 -1997.