JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been filed by the petitioner seeking quashing of the order dated 8.6.2004 passed by the learned Judicial Magistrate 1st Class, Gharsana whereby charge has been framed against the petitioner for the offence under Section 193 I.P.C.

(2.) Learned counsel for the petitioner submits that the order dated 27.7.2001 taking cognizance against the petitioner is absolutely illegal and amounts to an abuse of the process of Court. He submits that the complaint has been filed by the learned Magistrate Mr. Ajay Kumar Bhojak in whose court the offence of giving false evidence (section 193 Cr.P.C.) was allegedly committed. Learned counsel submits that the judgment of Case No. 108A/98 was passed by the aforementioned Presiding Officer on 25.7.2001 and whilst concluding trial, the learned Magistrate directed the prosecution of Sukhdev Singh and the petitioner Jagdish for the offence under Section 193 I.P.C. for giving false evidence.

(3.) Learned counsel submits that it was incumbent upon the learned Magistrate to have filed complaint in another Court as per Section 340 Cr.P.C. Learned counsel submits that the learned Presiding Officer has taken upon himself to file a complaint in his own court and thereafter cognizance of the offence has also been taken by the same Presiding Officer. Learned counsel submits that course adopted by the learned Magistrate is impermissible and amounts to gross abuse of the process of the Court as the learned Judge has virtually became a Judge of his own cause. Thus, he contends that the order impugned deserves to be quashed.