MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application has been filed by Mahendra Kumar under sec. 482 read with secs. 397 and 401, Cr. P. C. for quashing the order of the learned Chief Judicial Magistrate, Chittorgarh dated October 7, 1982 passed under Sec. 319, Cr. P. C. summoning the petitioner to face trial for offences punishable under secs. 420, 467 and 471/120, I. P. C. The police submitted a challan against Bhanwar Lal and Basant Kumar for offences punishable under secs. 420, 467 and 471, I. P. C.

(2.) BRIEFLY stated the case set up by the prosecution is that they prepared a forged registration certificate of a Primer Safari Saloon purporting to have been issued by the District Transport Officer, Chittorgarh. The vehicle was allotted Registration No. RJH 1224 under the forged certificate of registration. The learned Chief Judicial Magistrate, after hearing the prosecution and the accused-persons, passed an order on June 16, 1977 by which accused Bhanwar Lal was discharged. The case thereafter lingered on against accused Basant Kumar. On June 15,1982, the Additional Public Prosecutor submitted an application in the court-below to add and implead Mahendra Kumar as an accused because it was he, who had sold the vehicle to the fictitious person and managed to procure false registration certificate. The learned Chief Judicial Magistrate by this impugned order dated October 7, 1982 allowed the aforesaid application and summoned the petitioner Mahendra Kumar to face trial for offences as mentioned at the very out set.