BHINWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. None appeared for the non-petitioner No. 2.

(2.) This petition u/S. 482 is directed against the order dated 31st July, 1996 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate, Ist Class, Nawa in criminal case No. 342/92 State v. Bhinwa Ram and the charge framed against the petitioner u/S. 409, IPC. It is prayed by the petitioner that the trial which is pending in the Court of learned Civil Judge (Jr. Division) and Judicial Magistrate, Ist Class, Nawa and all other proceedings relating thereto, be quashed in the interest of justice.

(3.) The learned counsel for the petitioner has submitted that no prima facie case is made out against the accused so as to justify the framing of the charge u/S. 409, IPC and therefore, the charge framed against the accused and the trial which is pending in the lower Court deserve to be quashed and they amount to abuse of the process of the Court.