SATYA PAL Vs. STATE

JUDGEMENT

(1.) This order will dispose of Criminal References Nos. 16 and 17 of 1964, made by the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division. The same point of law is involved in both the References.

(2.) The : petitioner was charge-sheeted, under, Section 409, I. P.C., in two cases, by the Special Magistrate, Kasumpti, on the basis of two challans, filed by the Special Police Establishment, Ambala. It appears that neither the documents, referred to in Section 173, Cr P. C. nor their copies, were submitted, along with the challans, and that the copies were produced at the time of framing of charges and were taken back, by the prosecution, after the charges had been framed.

(3.) The petitioner went up in revision to the learned Sessions Judge against the framing of charges. The main ground, taken up, in revision, was that the material, on which the charges were framed, by the Special Magistrate, did not justify the framing of charges and that the petitioner should have been discharged. The learned Sessions Judge did not hear the revision-petitions on merits. He, suo moto, raised the point that as the documents, on the basis of which charges were framed, were not filed with the challans, and when produced were taken back by the prosecution, instead of being kept with the Judicial file of the Special Magistrate, the proceedings before the Special Magistrate had been vitiated aad were liable to be quashed. The prosecution offered to produce the documents, referred to in Section 173, Cr. P. C., for the perusal of the learned Sessions Judge but he refused to take the documents on the ground that they were not produced before the Special Magistrate and did not form part of the Judicial file. The learned Sessions Judge has recommended that the proceedings, held by the Special Magistrate, be quashed and that both the cases be remanded to him for disposal in accordance with law, after the prosecution has been given an oppor- tunity to produce the documents, referred to in Section 173, Cr P. C.