STATE Vs. PABUDAN SINGH

JUDGEMENT

(1.) Pabudan Singh was challaned in the Court of the Mag. 1st Class, Sujangarh, under Section 307, I.P.C. The learned Mag. after the inquiry framed a charge under Section 506, I.P.C. against him. The prosecution, being dissatisfied with the order of the Mag. preferred a revision petn. under Section 435, Criminal P. C. in the Ct. of the Ses. J. Churu. The learned Ses. J. after hearing both the parties, has made this report, under Section 438, Criminal P. C, to this Ct. with the recommendation that the Mag. should be ordered, by this Ct. to frame charge against the accused under Section 307, I.P.C. instead of under Section 506, I. P. C, already framed by him.

(2.) There is no doubt that the Ses. J. is within his powers, in making this report to this Ct., under Section 488, Cr. P. C, but the question arises -could not the learned Ses. J. proceed in this case under Sections 436 & 437, Criminal P. C. & dispose of the petn. himself ? In that case much of the trouble & time of this Ct. would have been saved especially when the work in this Court is already piled up. For the future guidance of the Courts it is necessary that this question should be minutely gone into.

(3.) In the present case, the charge under Section 506 was framed on 17-3-1950. The Mag. did not write anything in his order, with regard to the offence under Section 307, I.P.C. He simply wrote that in his opinion the offence under Section 506, I.P.C. is made out, against the accused, of which the order to frame the charge was given. The Mag. did not, in so many words, write in his order that the accused is discharged of the offence under Section 307, I.P.C. The action of the Mag. to frame a charge on a minor offence under Section 506, I.P.C., and to omit to write anything with regard to the major offence under Section 307, I.P.C. for which the accused was challaned in his Ct. amounted to a discharge of the accused of the major offence under Section 307, I.P.C. In the case of a discharge a Ses. J. is fully empowered under Section 436, Criminal P. C. to pass an order for further inquiry in the case. In Ganga Dutta v. Emperor, A. I. R. (23) 1986 Nag. 87 : (37 Cr, L. J. 715), the principle was enunciated thus :