A.S.NEHRA, J. - (1.) PETITIONERS have filed this petition under Section 482 of the Criminal Procedure Code for quashing the order dated January 25, 1990, passed by the Sub Divisional Judicial Magistrate, Nabha and order dated January 20, 1993, passed by the Additional Sessions Judge, Patiala.
(2.) BRIEFLY stated, the facts of the case are as under :- A complaint was filed on March 25, 1986 by Gopal Krishan against Naresh Kumar for offences under Sections 420/406/468/471/34 of the Indian Penal Code for which Naresh Kumar had been summoned to face trial. On the report made by Gopal Krishan to the Police, First Information Report bearing No. 13 of February 14, 1987 had been registered at Police Station Kotwali Nabha under Sections 420, 468, 471/120-B, IPC against Naresh Kumar and Sunil Kumar. Challan had been presented in the Court in Police case on May 21, 1988. Thereafter an order amalgamating the complaint case with the challan case was made on July 14, 1988. Petitioners were charged for offences under Sections 120-B/468/471/420 IPC on August 6, 1988. Witnesses had been examined in the State case. Thereafter, on August 17, 1989, an application was made by Gopal Krishan that he had the right of examining the witnesses which were not cited as witnesses in the challan case. Gopal Krishan also wanted to get the disputed hand-writing and signatures of Naresh Kumar for comparison with standard signatures and the hand-writing. The trial Magistrate after hearing the counsel for the parties, allowed the application of Gopal Krishan to examine the witnesses cited in the complaint case but application for taking specimen handwriting the signatures of Naresh Kumar, petitioner for comparison was not allowed. Aggrieved by the order dated January 25, 1990, the petitioners filed a revision petition before the learned Additional Sessions Judge which was dismissed on January 20, 1993.
(3.) AS per Section 210 clause 2, in the case, the report is made by the Investigating Officer under Section 173 and on such report cognizance of an offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall enquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.;