KANWAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 17.8.2013 passed by learned Additional Sessions Judge -I, Shimla, Camp at Rohru in Criminal Revision Petition No.4 -R/10 of 2012.

(2.) "Key facts" necessary for the adjudication of this petition are that one Balbir Dhawan informed the police about the commission of offence. Consequently, FIR was recorded under sections 447, 379, 414 and 427 of the Indian Penal Code at Police Station, Rohru. The matter was investigated; re -investigated and final report under section 173 of the Code of Criminal Procedure (hereinafter referred to as the "Code" for brevity sake) was filed on 5.7.2010 before the court under section 447 of the Indian Penal Code. Learned Judicial Magistrate 1st Class, Court No.2, Rohru on 23.7.2010 issued summoning order against the petitioner. It appears from the record that with effect from 15.9.2010 to 1.6.2012 no effective proceedings took place in the trial. However, on 2.6.2012, Judicial Magistrate 1st Class, Court No.2, Rohru discharged the accused for offence under section 447 of the Indian Penal Code. Respondent filed a revision against the order dated 2.6.2012 before the Additional Sessions Judge -1, Shimla, Camp at Rohru bearing Criminal Revision Petition No.4 -R/10 of 2012. He allowed the same on 17.8.2013. Hence, the present petition under section 482 of the Code of Criminal Procedure for setting aside judgment dated 17.8.2013.

(3.) MR . V.S. Attri, learned Deputy Advocate General has supported the judgment passed by the Additional Sessions Judge -1, Shimla, Camp at Rohru.