OM CHAND PARWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure read with Art. 227 of the Constitution of India has been filed against the order dated 20.8.2011 passed by the learned Judicial Magistrate, 1st Class (1), Shimla whereby charges under sections 420 and 120-B of the Indian Penal Code have been framed against the petitioners.

(2.) Material facts necessary for the adjudication of this petition are that F.I.R. bearing No.344/1998 was registered against the petitioners under sections 420, 406, 467, 471 and 120-B of the Indian Penal Code. Petitioners filed an application under section 239 of the Code of Criminal Procedure before the learned Judicial Magistrate (3), Shimla. The same was dismissed on 17.1.2006. Petitioners preferred revision petition against the same before the learned Sessions Judge, Shimla. He dismissed the same on 1.6.2006. Charges were framed on 1.10.2007. The same were challenged by way of filing revision before the learned Additional Sessions Judge, Fast Track Court, Shimla. He allowed the same on 23.9.2008. Directions were issued either to frame charge under section 406 or 420 of the Indian Penal Code after hearing the petitioners. Thereafter, now, the charges have been framed against the petitioners under sections 420 and 120-B of the Indian Penal Code.

(3.) Ms. Anu Tuli has strenuously submitted that framing of charges against the petitioners is illegal and contrary to law. She has also argued that as per statements recorded under section 161 of the Code of Criminal Procedure, no offence under section 420 of the Indian Penal Code has been made out. According to her, the money was received by the company and the petitioner No.1 was an employee and petitioner No.2 is Ex-Director of the Company. She has also argued that no offences are made out against the petitioners on the basis of material collected by the prosecution. She has further argued that the Chairman, Managing Director and other Directors have not been roped in by the prosecution.