- (1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, Veerpal Kaur, daughter of Chanan Singh, was married in a village near Mansa and she was murdered by her in-laws by administering poison. Chanan Singh got registered a case against them, which was fixed for 28.9.2010 for recording his statement as a witness. Petitioners Gurdeep Singh alias Kaka and his father Bant Singh placed two plastic bags, containing poppy husk in the house of Chanan Singh, in order to falsely implicate him in the case under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as the NDPS Act ), so that, he could not appear against them in a criminal case of his deceased daughter. The matter was thoroughly investigated by the police and it was found that the plastic bags of poppy husk recovered from the house of Chanan Singh were wrongly placed by the petitioners-accused, in order to falsely implicate him. In the background of these allegations, a criminal case was registered against the petitioners-accused, on accusation of having committed the offences punishable under Section 58(2) of the NDPS Act and Section 193 IPC by the police of Police Station Maur, District Bathinda.
(2.) After completion of the investigation, the police submitted the challan/final police report, in terms of section 173 Cr.PC. The Judge, Special Court, after taking into consideration the material on record, framed the charges against the petitioners-accused for the commission of indicated offences, vide impugned order dated 23.4.2012.
(3.) Instead of submitting to the jurisdiction of Special Judge, the petitioners-accused straightway jumped to file the present revision petition to challenge the impugned order of framing the charges against them, invoking the provisions of Section 401 Cr.PC.;