BALKAR SINGH Vs. STATE OF J. AND K.

JUDGEMENT

(1.) The petitioners have challenged the order dated 5.5.2009 passed by 3rd Additional Sessions Judge, Jammu in case State v Balkar Singh and Ors. whereby they came to be charge sheeted for commission of the offence punishable under Sections 467, 468 and 471 of Ranbir Penal Code (for short, RPC) and for quashing the proceedings of the case, on the grounds taken in the memo of petition.

(2.) It is averred in the petition that the petitioners-accused are not involved in the commission of any offence. The material collected during investigation by the Investigating Officer nowhere prima facie discloses that they are involved in the commission of any offence.

(3.) It appears that respondent No. 2-Kewal Krishan Gandotra filed a complaint before the Chief Judicial Magistrate, Jammu and the SHO concerned came to be directed to conduct the investigation. Accordingly FIR No. 35/2004 came to be registered in Police Station Bahu Fort, Jammu. The police conducted the investigation and presented Challan against all the accused, i.e., petitioners and one Mohd. Bashir for the commission of offence punishable under Sections 419, 420, 447, 467, 468 and 471 RPC before the Court of Chief Judicial Magistrate, Jammu, who committed the same to the Court of Principal Sessions Judge, Jammu. The Principal Sessions Judge transferred the case to the Court of 3rd Addl. Sessions Judge, Jammu. The trial court-3rd Addl. Sessions Judge after hearing the additional Public Prosecutor and learned Counsel for the accused prima facie came to the conclusion that the accused-petitioners herein are involved in the commission of offence punishable under Sections 467, 468 and 471 RPC and accordingly came to be charge sheeted. They pleaded not guilty and claimed to be tried. Accused-Mohd. Bashir came to be discharged. The order of discharge came to be questioned by complainant-Kewal Krishan Gandotra before this Court, came to be dismissed vide order dated 1.2.2010 passed in Cr. Rev. No. 3/2010. Thereafter the State also questioned the discharge order of accused-Mohd. Bashir, came to be dismissed today by a separate order passed in Cr. Rev.45/2009.