MEHTAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The instant misc. petition has been filed by the petitioner challenging the order dated 9.1.2007 passed by the learned Judicial Magistrate, First Class, Gadi (Banswara) in connection with Criminal Regular Case No. 402/2006 whereby a direction to frame charge against the petitioner for the offence under Sec. 19/54 Rajasthan Excise Act was issued, as affirmed in revision petition by the order dated 26.8.2008 passed by learned Sessions Judge, Banswara.

(2.) Assailing the order framing charges, learned Counsel for the petitioner submits that in this case, the recovery was made from a room which was exclusively in the possession of the co-accused Nilesh. The premises from where the recovery was made are owned by one Harish Avchar and the petitioner has nothing to do with either the recovered liquor or the premises from where the recovery was made. Thus, it is submitted that the order framing charge against the petitioner is absolutely illegal and is the abuse of process of the Court. The learned Counsel, therefore, prays that the order of the Trial Court as affirmed by Revisional Court qua the petitioner deserves to be quashed.

(3.) Learned Public Prosecutor opposed the misc. petition and submits that the Trial Court whilst directing framing of charges against the petitioner has relied upon the interrogation notes of the petitioner as well as the co-accused Nilesh in which they confessed about their guilt in relation to the liquor recovered and thus, the order of framing of charges was absolutely justified.