N.C.KHICHI, J. - (1.) THIS Criminal Revision Petition has been filed against the order dated 18th March. 1999 passed by Chief judicial Magistrate. Kurukshetra in a State Case FIR No. 372 dated 14 -5 -1998 under Section 379 I.P.C. pertaining to Police Station City Thanesar whereby the trial Court proceeded to frame charge against the petitioner under Section 411 read with Section 107 I.P.C.
(2.) ACCORDING to the prosecution one Parveen Kundu was arrested in connection with the aforesaid case. He allegedly made a confessional statement that he alongwith the petitioner and Pradhuman had stolen a car bearing No. HR -36/7279 and sold the same. He further disclosed before the police that this car was handed over to him by Pradhuman. The vehicle in question was allegedly recovered at the instance of Parveen Kundu in pursuance of disclosure statement under Section 27 of the Indian Evidence Act (for short to referred as "the Act"). During investigation no case was found to have been made out against the petitioner and Pradhuman whereas challan was filed against Parveen Kundu alone. Report regarding discharge of petitioner was filed since there was no evidence against him. Learned Chief Judicial Magistrate did not accept the report and decided to proceed further by passing the impugned order dated 18 -3 -1999.
(3.) LEARNED counsel for the petitioner has submitted that there is absolutely no - evidence against the petitioner on record to justify even a prima facie case for framing the charge against him. The confessional statement of co -accused is inadmissible in evidence.;