KALI DASS Vs. STATE OF J&K

JUDGEMENT

(1.) These two petitions arise out of a common order dtd. 15/12/2012 passed by Principal Sessions Judge, Jammu, hereinafter referred to as "the trial Court", in a case arising out of FIR No. 31/2006 registered at Police Station, Peer Mitha, Jammu, for commission of offences under Ss. 3/7 of the Essential Commodities Act and Ss. 419, 420, 467, 468 and 471 RPC. By virtue of the impugned order, the petitioners came to be discharged for offences under Ss. 467 and 471 RPC, but were directed to be charged for offences under Ss. 419, 420, 468, 120-B RPC and Ss. 3/7 of the Essential Commodities Act. Aggrieved thereof, the petitioners have questioned the legality, propriety and correctness of the order of charge.

(2.) The principal grounds urged in challenge are that the order impugned is contrary to facts and law; that the petitioners have been falsely implicated; that they have been roped in subsequently only on the basis of statements of co-accused; that there was no legal material before the trial Court to frame charges against them; and that the petitioners have been made accused in relation to what is essentially the same transaction already forming subject matter of another FIR registered by another police station, which, according to them, was not legally permissible.

(3.) The case of the petitioners, in brief, is that the prosecution has failed to place on record any material to show that allotment order No. 1384-87/AD/CAPD/J-100-05 dtd. 16/5/2006 was prepared by any of them. It is contended that the said allotment order pertains to FIR No. 91/2006 of Police Station, Satwari, and not to the present FIR No. 31/2006 of Police Station, Peer Mitha. It is further submitted that in the list of allotment orders annexed with the charge-sheet in the present case, the aforesaid allotment order dtd. 16/5/2006 is not specifically reflected as the foundational forged document prepared by the petitioners. According to the petitioners, the prosecution has failed to identify with certainty the particular false document attributed to each of them.