MOHD JAVED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a miscellaneous petition by the accused-petitioner seeking to quash the chaege framed by the learned Magistrate under his order dated 25. 1. 1989. It has arisen in the following circumstances.

(2.) ONE S. R. drag lodged a report on 11. 1. 1982 at police station Adarsh Nagar, Jaipur, that his cycle, bearing frame No. 6 M-744329 has been stolen. On 7. 1. 1982 at about 2. 30 p. m. the cycle was left by him in the compound of his houce and at about 8 p. m. he noticed that the cycle was not traceable. He could not produce the receipt as it was not available with him. A case was registered and investigation was set in motion. It appears that on 31. 3. 1982 the complainant saw his cycle with a person. On that date the complainant took the SHO Arjunlal Sharma, ASI alongwith him to Janta Colony shopping centre near the shop of one Santosh Kumar and pointed out to the cycle which was being taken by a person. The A. S. I. saw that the description of the cycle as mentioned in the report tallied with the cycle and it was in fact the accused petitioner was arrested. The seat of the cycle and other articles were also recovered at the instance of the accused-petitioner and thereafter a charge-sheet was filed against the accused-petitioner under Sec. 379 IPC. A charge was framed against the accused petitioner by the learned Magistrate and 1 may say that the learned Magistrate was completely ignorant in framing the charge. The charge was framed to the effect that on 19. 1. 1982 a cycle-rikshaw was stolen in Adarsh Nagar. The trial proceeded statement of the petitioner was recorded under Sec. 313 Cr. P. C. and when the Presiding Officer was to write the judgment, he noticed that the charge was wrongly framed and the place, date and even the subject of theft were wrongly mentioned. The Public Prosecutor moved an application for amending the charge and the learned Magistrate under his order dated 25. 1. 1989 allowed the application and amended the charges. Thus, the earlier charge was not correct and now the charge which has been framed is a correct charge.