HANS RAJ Vs. STATE

JUDGEMENT

(1.) THIS is a criminal reference made by the learned Sessions Judge, Jammu to this court recommending the quashing of the charge framed against the accused and for retrial of the accused in accordance with the directions given under section 251 (A) of the Criminal Procedure Code.

(2.) HANS Raj was proceeded against by the police concerned in the court of the Sub Judge Magistrate, Jammu, for an offence under sections 451/324 R. P. C. When the accused was brought before the Magistrate the latter directed the prosecution to furnish, copies of all the documents to the accused as provided by section 173 Cr. P. C and the case was adjourned to a later date. But on the subsequent date of hearing the trial Magistrate framed the charge against the accused under sections 451/324 R. P. C. inspite of the fact that no copies of the documents were given to the accused and also that no arguments were addressed to the court in regard to the case before it. The learned Session Judge has, in his detailed order, taken exception to the propriety of the proceedings before the court below and has observed that the procedure adopted by the trial Magistrate was not due compliance with the provisions of section 251 (A) of the Criminal Procedure Code.

(3.) I have heard the learned counsel for the petitioner and also Mr. V. S Malhotra appearing on behalf of the State.