MUNNALAL JAIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition filed under section 397 Crimial P.C. the petitioner Munnalal Jain has prayed that the charge under section 411 I.P.C. that has been framed against the petitioner, by the Munsif and Judicial Magistrate, Didwana, by his order dated 19th June, 1982 be quashed.

(2.) On 20th January,1980, Shri Kripal Singh Junior Engineer 'PHED' Didwana lodged a report at police station Khunkhuna wherein it was stated that 124 AC pressure pipes of 100 mm diameter and 4 metres length belonging to the PHED, Government of Rajasthan have been stolen from near Ranisa village. On the basis of the aforesaid report, case under section 379 1 P.C. was registered. On the 20th Feb., 1980 Shri Kripalsingh lodged another report at police station Khunkhuna with regard to the theft of 15 AC pressure pipes of the same dimension from the same place and on the basis of the said report another case under section 379 Cr. P.C was registered. After completing the investigation in both the cases the police filed separate charge sheets in the court of Mnnsif and Judicial Magistrate, Didwana against the petitioner and three other persons viz , Vijay Kumar, Mahavir and Rajvir is Jagvir. According to the aforesaid charge sheets, the pipes were stolen by accused Mahavir and Rajvir @ Jagvir and they were removed in a truck and the said pipes were sold by the aforesaid accused persons to the petitioner and accused Vijay Kumar at Delhi. On the basis of be afore,said charge sheets two cases, criminal case No. 340/80 and 352/80 were registered and cognizance was taken against the accused persons including the petitioner By order dated 9th June, 1982, the Judicial Magistrate framed charges under section 411 I.P.C. against the petitioner and Vijay Kumar and directed that both the cases should be tried together under section 219 Crimial P.C. Being aggrieved by the aforesaid order framing a charge under section 411 I.P.C. against him, the petitioner has filed this revision petition.

(3.) I have heard Shri M.M. Singhvi, the learned counsel for the petition and the learned Public Prosecutor. I have also perused the record.