RAJESHWAR SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Proprietary of an order passed by the learned 1st Additional Sessions Judge, Jammu on 10/5/2016 is being called in question and the same prayed to be quashed by invoking powers under Sec. 561-A Cr. PC.

(2.) On a perusal of the order so passed by the learned 1st Additional Sessions Judge, Jammu, it appears that charge has been framed against the accused-petitioner herein for commission of offence under Ss. 420/465/467/468/471/120-B/201 RPC. On perusal of the final report submitted by the investigating agency and on hearing both the sides, learned 1st Additional Sessions Judge, Jammu was of the view that there is sufficient material to frame charge against the accused-petitioner herein for the commission of offences punishable under Ss. 420/465/467/468/471/120-B/201 RPC.

(3.) Learned counsel appearing for the petitioner has submitted that the order passed is bad for the reason that the ingredients of offence under Sec. 467 RPC are not made out. There was no scope to infer the commission of offence of forgery with regard to any valuable security. Furthermore, according to him, the order passed by the learned 1st Additional Sessions Judge, Jammu is a non-speaking order as the learned 1st Additional Sessions Judge has not taken note of the relevant fact quoted in the final report. The learned 1st Additional Sessions Judge, Jammu was not expected to act as post office and to frame the charge against the accused is being further submitted. Reliance is placed on the judgments of this Court in i) Goverdhan Gopal and ors. Vs. State and ors.; 2008(3) JKJ 366, ii) Suraj Parkash Vs. State of Jammu and Kashmir; 2007 (2) JKJ 328 . Reliance is also placed on a judgment of the M.P High Court reported in 2003(5) MPHT 559 titled Hemraj and ors. Vs. State of M.P.