STATE Vs. PREM SAGAR

JUDGEMENT

(1.) This Criminal Reference has arisen out of an order dated 30-5-1994 passed by the learned Judicial Magistrate Ist Class, Basohli, whereby he has discharged the accused and dismissed the challan presented by the police for prosecution of the accused under S. 457, RPC.

(2.) This order was assailed in Revision Petition before the learned Chief Judicial Magistrate, Kathua who set aside the order of the learned Judicial Magistrate Ist Class, Basohli. The order of the learned Chief Judicial Magistrate was assailed before this Court by means of a Criminal Revision No. 89 of 1994, on the ground that the learned Chief Judicial Magistrate, Kathua has no power to set aside the order of learned Magistrate and he ought to have made reference to the High Court, in case the order of Magistrate warranted any modification/alteration. While noticing this legal defect in the order of the learned Chief Judicial Magistrate, Kathua, the High Court set aside his order and remanded the case back.

(3.) The learned Judicial Magistrate Ist Class, Basohli while dealing with the challan at the stage of charge and discharge and on appreciation of the documents and other evidence presented before him in terms of Section 173, Cr. P.C. has come to the conclusion that case for framing of charge is not made out and discharged the accused.