VISHNU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner accused was working as Patwari. He was charged for mis-appropriating public money of Rs. 1008. 07 during the period 1. 8. 71 to 9. 6. 1973. THE learned Magistrate on the conclusion of trial found him guilty for the offence punishable under Sections 409, 467, and 468 I. P. C. and sentenced him to suffer two years R. I. and to pay fine of Rs. 100/- for each offence and in default of payment of fine to further undergo one month R. I.

(2.) THE aforesaid order of conviction and sentence passed by the learned Magistrate was challenged by the petitioner accused in appeal before the Court of Sessions, which was allowed by the learned Addl. Sessions Judge No. 2, Hanumangarh camp at Suratgarh and the order of conviction and sentence passed by the learned Magistrate was set aside and the matter was remanded to the learned Magistrate for framing fresh charges against the accused in accordance with law.

(3.) UNDER the circumstances, I am of the considered opinion that without challenging the order of remand passed by the learned Addl. Sessions Judge No. 2, Sriganganagar camp at Suratgarh the accused cannot claim to quash the proceedings pending before the learned Addl. Chief Judicial Magistrate, Suratgarh and on this ground alone this petition was required to be dismissed.