EMPEROR Vs. SHER ALAM KHAN SAHIB

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge at Ahmedabad recommending that the committal of the accused to the Sessions Court on a charge for an offence under Section 477 of the Indian Penal Code should be quashed.

(2.) The accused was charged before the Honorary First Class Magistrate at Ahmedabad under Section 477, Indian Penal Code, for having destroyed documents which were alleged to be valuable security, and the learned Magistrate being of opinion that there was a prima facie case against the accused with regard to the offence charged against him, passed an order committing the accused to the Court of Session for trial under Section 477, Indian Penal Code.

(3.) The offence alleged to have been committed by the accused consists in his destroying an order of the Court by which the Nazir of the Court was asked to take a document of suretyship from the accused for his being released on bail and the necessary certificate for the solvency of the surety was to be taken. It is this order signed by the Superintendent and addressed to the Nazir that is alleged to have been destroyed by the accused along with two draft affidavits and a certificate given by a pleader.