COLONEL J S GHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts, giving rise to this petition under Section 482 of the Code of Criminal Procedure ("the Code") are as under :-

(2.) A dead-body of a youngman was found lying on the railway-tracks, in the railway-yard area, Ajmer, and the police had found a note (slip), stating that he was Dilip Singh and that he had come to Nasirabad for getting recruited in the Army and that Colonel J. S. Ghura (the petitioner) had demanded Rs. 15,000/- from him for getting recruited in the Army and on his refusal to pay the same, Colonel Ghura had got him declared unfit for recruitment and thereupon he was committing suicide. The police registered a case at the Police Station G.R.P., Ajmer, vide FIR No. 185/93 and during the investigation of the case, contacted the Deputy Director General of Recruitments, who certified that the petitioner was not a member of the Selection Board. The police also learnt that one Nenu Singh, who was an ex-soldier of the Army, had taken Rs. 10,000/- from the relations of the deceased, for getting the deceased recruited in the Army and after the completion of the investigation, the challan was filed under Section 306 of the Indian Penal Code (IPC), against Nenu Singh. The learned Judicial Magistrate committed the case to the Court of Session and the case was transferred to the Court of Additional Sessions Judge No. 2, Ajmer, who, on the basis of the record, vide the impugned order dated 27th September, 1994, summoned the petitioner, holding that in view of the note, left by the deceased, a case under Section 306, IPC, was also made out against the petitioner. Feeling aggrieved, the petitioner has approached this Count by filing this miscellaneous petition.

(3.) The record of the case, was called for the purposes of disposal of this petition.