MOHD ASLAM Vs. STATE OF J&K

JUDGEMENT

(1.) WHETHER the Sessions Judge can add a new person to the array of the accused in a case pending before it at a stage prior to collecting of any evidence? is the question arising for consideration in this revision petition.

(2.) THE petitioner herein was cited as a prosecution witness in the calender of witnesses in a challan case entitled State Vs. Abdul Majid in the Court of learned Chief Judicial Magistrate, Rajouri for commission of offences under sections 420, 467 and 468 RPC. The learned Chief Judicial Magistrate by his order dated 28th December 2001 committed the case for trial to the court of learned Sessions Judge, Rajouri as offence under section 467 RPC was exclusively tri able by the Court of Session. At the time of framing of charge, the learned Sessions Judge noticed that story of the prosecution case in nut shell was that gift deed in respect of land out of khasra No. 251 -m was a make believe and false document to which the accused had got attached revenue map of that portion of land on which the department had constructed a tower and was comprised of Khasra No. 251, which was done in order to show that the land on which the tower has been constructed was in fact the land bearing khasra No. 251 -m and son of the accused was entitled to get compensation thereof. In view of the learned Sessions Judge, if gift deed in question was a false document and the land out of Khasra No. 251 - m was not intended to be bequeathed thereby possession of which remained with the doner Mohd. Aslam (petitioner herein) then it was a clear case of involvement of the petitioner also in the commission of crime. Therefore, learned Sessions Judge by his order dated 31st July 2002 arrayed the petitioner as an accused in the case and issued bailable warrants for procuring his appearance.

(3.) AGGRIEVED by his arraignment as an accused, the petitioner has filed this revision petition.