KRISHAN KUMAR Vs. DEVINDER MOHAN SHARMA
HIGH COURT OF JAMMU AND KASHMIR
DEVINDER MOHAN SHARMA
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(1.) Learned Additional Sessions Judge, Ramban, has set aside orders passed by Judicial Magistrate First Class, Batote, holding that the Magistrate did not have Jurisdiction to discharge the accused, when the challan against the accused included an offence, i.e. Section 467 of the Ranbir Penal Code, exclusively triable by the Court of Sessions, and that the case was required to be committed to the Court of Sessions.
(2.) Krishan Kumar, accused, is aggrieved of the order of learned Sessions Judge, Ramban. He has come up to this Court invoking its Criminal Revisional Jurisdiction.
(3.) Vide order dated May 30, 2001 learned Magistrate had held that though one of the offences appearing in the police challan, i.e. offence under Section 467, RPC was exclusively triable by the Court of Sessions, yet the case did not warrant committal because addition of Section 467, RPC in report under Section 3 73 of the Code of Criminal Procedure, appeared to be an error, as there were no allegations in the police challan showing infraction of Section 467, RPC. He, thereafter, proceeded to consider the case for finding out as to whether or not any offence was made out against the petitioner accused, who later was discharged by the learned Magistrate.;
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