GAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 23/07/1994, passed by the learned Sessions Judge, Jodhpur, whereby he allowed the application dated 23-5-1994 filed under Section 80 of the Border Security Force Act, 1968 (in short, 'the Act') by the D.I.G., B.S.F., Bikaner (non-petitioner No. 2) and directed that the accused-petitioner be handed over to the competent authority for being tried by the Security Force Court and discharged his bail bonds.

(2.) Stated in succinct the relevant facts are that the petitioner-Gajendra Singh C.T. No. 8600-80051 is posted in 06 Battery 1044, Border Security Arti Regiment, B.S.F., Bikaner. While he was absent without leave, on the FIR dated 18-2-1993 lodged by one Chandan Singh, a criminal case was registered against him at Police Station, Mandore Distt. Jodhpur. After investigation the S.H.O. filed a challan against the petitioner for the offences under Section 452, 307 and 323 IPC in the Court of learned Addl. Chief Judicial Magistrate No. 4, Jodhpur, who in turn committed the case by his order dated 9-5-1994 to the learned Sessions Judge, Jodhpur. It appears that on 16-5-1994, the D.I.G., B.S.F., Bikaner moved an application under Section 80 of the Act before the learned ACJM, but the said application was not decided by the latter on the ground since he had already committed the case to the Sessions Court, he was not seized of the matter. The D.I.G., B.S.F., Bikaner, therefore, submitted another application dated 23-5-1994 under Section 80 of the Act before the learned Sessions Judge, Jodhpur alleging that the competent authority has decided that the said case against the petitioner should be instituted before the Security Force Court and prayed that the accused-petitioner should be ordered to be given in the B.S.F. custody. The learned Sessions Judge, Jodhpur by his impugned order, accepted the said application. Hence, this revision petitions.

(3.) I have heard Mr. Mahesh Bora, learned counsel for the petitioner and the petitioner and Sarva-Shri U. C. Bhargave and S. S. Lal, learned counsel for the non-petitioners and perused the available relevant record.