KRISHAN GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the record.

(2.) This petition under Section 482 of the Criminal Procedure Code is directed against the order dated 30th August, 1988 passed by the learned Chief Judicial Magistrate, Chittorgarh in Criminal Case No. 629/82. By the aforesaid order the learned Chief Judicial Magistrate, Chittorgarh directed that charge under Section 468 of the Indian Penal Code be framed against all the three accused namely, Krishan Gopal. Harjendra Singh and Manjeet Singh and an additional charge under Section 471 of the Indian Penal Code be framed against Manjeet Singh and Harjendra Singh who used the registration certificate which they knew was a forged document. In this petition only Krishan Gopal has challenged the order passed by the learned Chief Judicial Magistrate, Manjeet Singh and Harjendra Singh are not parties to this petition.

(3.) The learned counsel for the petitioner has submitted that the learned Chief Judicial Magistrate vide order dated 15th October, 1982 issued process against three persons, namely, Bagh Singh, Krishan Gopal and Chandra Bhan Sharma on the ground that prima facie case was made out against them under Sections 466, 468, 471 and 120- B of the Indian Penal Code. That order was challenged by Bagh Singh and Chandra Bhan Sharma before this Court. In S.B. Criminal Miscellaneous Petition No. 32/85 filed by Chandra Bhan Sharma and Bagh Singh under Section 482 of the Criminal Procedure Code was alleged vide order dated 19th April, 1985 and the proceedings initiated against them were quashed on the ground that the learned Chief Judicial Magistrate had no jurisdiction to issue process against the petitioners otherwise than under Section 319 of the Criminal Procedure Code.