STATE Vs. AJIT KUMAR

JUDGEMENT

(1.) Ajit Kumar accused is facing trial before the learned Judicial Magistrate 1st Class (Munsiff), Jammu for offence under Sections 419, 420 and 468, RPC.

(2.) The evidence of the prosecution was closed on 25-8-1995. Thereafter, prosecution moved an application under Section 540, Cr.P.C. on 27-8-1996 and same was dismissed on 12-1-1998. Another application under Section 540, Cr.P.C. came to be moved by the prosecution and same was also dismissed on 18-8-2003. Aggrieved by the order dated 25-8-1995 and 18-8-2003, dismissing applications filed under Section 540, Cr.P.C., State filed revision petition before the learned Sessions Judge, Jammu, who has referred the matter to this Court by observing as under :

(3.) Before making reference to this Court, learned Sessions Judge has taken note of a Division Bench judgment of this Court in case S. K. Mahajan v. Municipality, Jammu 1982 Kash LJ 1 : (1982 Cri LJ 646), wherein it has been held that refusing to summon witnesses under Section 540, Cr. P.C. is an interlocutory order and attracts a bar under sub-section (4-a) of Section 435 of Cr. P.C. The Division Bench has observed as under :-