MADAN MOHAN JAGGA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner along with two others is facing trial for the offences under section- 452, 458, 394, 459, 397 and 323 Indian Penal Code in the Court of the Additional Sessions Judge Mandi. After the close of the prosecution evidence and recording the statement of the accused under section 313 Criminal Procedure Code the learned trial court heard the parties under section 232 Criminal Procedure Code and thereafter passed an order on 6-8-1983 observing that in its opinion the accused could not be acquitted at that stage and calling upon them to eater upon their defence and to file the list of defence witnesses within three days and to the list of defence witnesses within three days and to produce the same or summon them for 18-8-1983.

(2.) The petitioner has approached this Court with the prayer that the aforesaid order dated 6-8- 1983 passed by the learned trial Court be quashed by this Court in exercise of its jurisdiction vested in it under sections 397, 401 and 482 of the Code of Criminal Procedure read with Article 227 of the Constitution and that the petitioner be acquitted of the offences for which he is being tried.

(3.) According toT the learned counsel appearing for the petitioner it was a case of no evidence and the learned trial Court was, therefore, duly bound to acquit the petitioner. According to the learned counsel it will cause unnecessary harassment to the petitioner if he is called upon to enter defence and the very object of section 232 Criminal Procedure Court which is to avoid such unnecessary harassment to the accused would be frustrated. In the alternative the prayer made in the petition is that inasmuch as the learned trial Court has already expressed its mind against the petitioner, the case be transferred from that Court to some other Court of competent jurisdiction.