JAMIL AHMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I would like to observe that when the case u/S. 494 Penal Code is compoundable, the offence u/S. 498-A Penal Code which is connected with the case of offence u/S. 494 Penal Code should also be made compoundable with the permission of the Court.

(2.) This petition u/S. 482 Cr. P.C. praying that the remark mentioned in para 5 of the Order dated 3-5-89 passed by the Sessions Judge, Kota, be expunged.

(3.) Jamil Ahmad filed a complaint u/Ss. 416, 417, 418, 419, 120-B and 420 Penal Code against the non-petitioners Nos. 2 & 3. The learned Magistrate forwarded the complaint u/s. 156 Clause 3 Crimial P.C. to the Police Station, Kaithooni Pole, Kota for necessary action. The case was registered at the Police Station and investigation started. The non-petitioners Nos. 2 & 3 moved an application u/S. 438 Cr. P.C. for anticipatory bail and the learned Sessions Judge vide impugned order dated 3-5-83 granted the application but in Para 5 of the Order he observed that "No offence u/S. 420 Penal Code is made out looking to the facts of the case". The observation of the lower Court was on the basis of the application for anticipatory bail. There was no paper of the investigation before the learned Sessions Judge as the investigation was still incomplete and making his mind he observed that offence u/S. 420 Penal Code was not made out is the presumption of the learned Sessions Judge. The investigation was still going on, the papers were not before the Sessions Judge, he could not have I passed this observation. In the further investigation it is possible that a case u/S. 420 Penal Code can be made out so before completing the investigation the learned Sessions Judge should not have observed this Para 5 of the Order. Therefore, the observation in this Para 5 of the impugned Order is redundund and it is directed that the Investigating Officer should not take into consideration this observation in para 5 of the Order dated 3-5-89 by the learned Sessions Judge while investigating the case and putting the challan. Such observation should not be made in the order on bail applications. With this observation the application u/S 482 Crimial P.C. is allowed. Petition allowed.