SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two petitioners have come in this petition against the order of the learned Addl. Sessions Judge, Dholpur dated July 29th, 1989 by which he rejected the revision filed by the petitioners against the order dated May 23rd, 1987 passed by Munsif and Judicial Magistrate Dholpur.

(2.) THE facts in brief are that one Hari Om was tried for the offence under Section 384 Cr. PC. THE allegations against him made by Pooran Chand were that Hariom at the point of knife forced Rakesh, son of Pooran Chand to remove ornaments from his safe at a time when Pooran Chand and his family were out of station. THEse ornaments were taken away by Hariom. Rakesh further deposed that Hariom took these ornaments to the present petitioners Shankerlal and Damodar and sold them for a sum of Rs. 1800/ -. At the time of convicting Hariom, the learned Magistrate observed that Shanker lal and Damodar ought to have been made accused for the offence under Section 411 IPC. THE matter was looked into in detail and it was observed that the investigating officer wanted to make inquiries against these two persons but then they had obtained anticipatory bail from the High Court hence, the matter against them was not investigated. THE learned Magistrate observed that these are not reasons for not investigating the case against these persons. After convicting Hariom, the learned Magistrate proceeded to hear the matter on the question of sentence and at that time, he ordered that a case be registered against Shankerlal and Damodar for having received the stolen property. He also observed that the question of limitation is condoned under Section 473 Cr. P. C. because there is a prima facie case. It was further ordered that the accused shall be heard on this point when they appear.

(3.) IN the result, this petition is accepted and the orders dated May 23rd, 1987 passed by the learned Munsif and Judicial Magistrate, Dholpur and that of the Addl. Sessions Judge, Dholpur dated July 29th, 1989 are quashed - .