STATE OF HIMACHAL PRADESH Vs. KULWANT SINGH KATOCH

JUDGEMENT

(1.) The present Criminal Revision Petition, under Section 397 read with Section 401 of the Code of Criminal Procedure, is maintained by the petitioner-revisionist for quashing and setting aside the impugned order, dated 31.10.2018, passed by the learned Chief Judicial Magistrate, Solan, District Solan, in Case No.39/22 of 2018, for an offence punishable under Sections 420, 417, 193, 218, 120-B and 467 of the Indian Penal Code.

(2.) The key facts, giving rise to the present petition are that Additional Superintendent of Police, Solan, has written a letter to the Station House Officer, Solan, wherein it is alleged that on 16.7.2018, a letter was received from this Registry, whereby Hon'ble High Court directed to make detailed inquiry and to submit the report to the learned Sessions Judge, Solan, on 17.8.2018 and directed the Additional Superintendent of Police, Solan and it appears that Bhesh Ram son of late Shri Dhani Ram, is neither indigent nor working as a labourer and the said statement given by the persons before this Court on 25.4.2018, in Criminal Revision No.140 of 2017, appears to be factually incorrect. From the perusal of order dated 20.8.2018, passed by the learned Sessions Judge, Solan, it is found that Shri Bhesh Ram and his Counsel has given wrong statement before this Court and thus, an offence punishable under Sections 420, 417, 193, 218, 120-B and 467 of the Indian Penal Code, registered at Police Station, Sadar, District Solan, came to be registered against them. Thereafter, registration of the case, accused persons were arrested and they were produced before the learned Court below for seeking judicial remand whereby, they were granted bail, vide order dated 31.10.2018.

(3.) Feeling aggrieved, the impugned order, dated 31.10.2018, passed by the learned Court below, State-revisionist maintained the present revision petition.