Decided on April 29,1999

STATE Appellant
VED PARKASH Respondents


G.D.SHARMA.J. - (1.) THIS revision petition is directed against the order dated Feb. 13,1993 passed by the learned Sessions Judge, Poonch whereby he set -aside the committal order passed by the Chief Judicial Magistrate, Poonch. A case for the commission of offences under sections 465/468/481 and 420 RPC was registered in Police Station, Poonch against the respondents and after the completion of the investigation, the final report was submitted before the learned CJM Poonch. Offences falling under section 465/468/471 RPC were exclusively triable by the court of Sessions so learned CJM Poonch committed the case to the learned Sessions Judge, Poonch. After registration of FIR, respondent Ved Parkash had absconded, so investigation was carried out in his absence and the final report was also produced before the CJM Poonch with a prayer to proceed u/s 512 Cr. P. C. against the said respondent. Learned Chief Judicial Magistrate committed the case to the court of learned Sessions Judge, Poonch by starting that respondent Ved Parkash had been absconding so he be proceeded u/s 512 Cr. P. C.
(2.) AFTER the receipt of the case, learned Sessions Judge did not proceed ahead, but himself exercised the revisional powers and set -aside the order by holding that the same was illegal because the case could not be committed without procuring the presence of respondent Ved Parkash (absconding accused).
(3.) THE State has filed this revision petition against the said order of learned Sessions Judge, Poonch and pleaded that the order is palpably wrong and illegal. It cannot be held that the case cannot be committed to the court of Sessions in respect of an absconding accused. Heard the arguments.;

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