Kanwaljit Singh Ahluwalia, J. - (1.) THE instant revision petition has been filed by Ram Dev son of Piare Lal, resident Alam Gir, District Ludhiana. He was named as accused in case FIR No. 142 dated 9.3.1985, under Sections 420/474/476/467/468/471 read with Section 120 -B IPC registered at police station South Chandigarh.
(2.) AT the time of framing charge, the Court passed the order that from the perusal of the statements and the documents relied upon by the prosecution, no prima facie case under Section 120 -B IPC is made out against the accused. This order dated 7.7.1988 A as reproduced by the petitioner in ground No. 3 of his revision petition and it will be apposite to reproduce below: - "From the personal of report submitted under Section 161 Cr.P.C., along with documents relied upon by the prosecution, no prima facie case under Section 120 -B IPC is made out against and of the accused. So all the accused are discharged of the once under Section 120 -B IPC A prima facie case under Sections 467/468/465/471/474/476 IPC is made out against accused Pritam Singh and Ram Dev, under Section 474 IPC against accused Gurcharan Singh and Sarivan Singh, under Section 474 and 476 IPC against accused Attar Singh and under Section 470 IPC against accused Raj Kumar. Let all the accused be charged under the sections as stated above, started respective sections of IPC has been framed against the accused and which they did not plead guilty and claimed trial. - - - -" Thereafter the accused moved an application before the Court of Judicial Magistrate 1st Class, Chandigarh, stating therein that there was no evidence on record to state that he had committed any offence and the mere recovery of any documents and seals from the possession of the petitioner in Ludhiana district by ASI Amarjit Singh on 15.3. 1988 will make him liable of the offence to be tried at Ludhiana only. The learned Judicial Magistrate Ist Class, Chandigarh after going through the application passed a detailed order, operative portion of which (para 6) is reproduced below: - "Statement of PW Rajinder Singh under Section 161 Cr.P.C. does not show (anything that accused Attar Singh got prepared RC from Ludhiana from accused Ram Dev. This Court has already discharged the accused under Section 120 -B IPC against which the prosecution has not gone to city higher Court feeling aggrieved, from the order of this Court. In this view of the matter, I am of the opinion than even if this accused Ram Dev has been apprehended by the Local Police and to effected certain recoveries at the instance of other accused facing trial before this Court, in this case, it cannot be said that accused Ram is guilty of committing some type of offence in the course of same transaction in order to further told that accused Ram can also be tried jointly with his co -accused under Section 223 C.r.P.C. Therefore. I am of the opinion that accused Ram Dev, i.e to be tried by the Court at Ludhiana. The Investigating Officer of this case is directed to get the case registered against accused Ram Dev, with the Ludhiana police for his trial of Ludhiana." Once Judicial Magistrate Ist Class came to the conclusion that from the documents on record, it is made out that Ram Dev has not committed the offence in the course of same transaction along with the other co -accused, it should have been accepted the prosecution. But the prosecution filed a revision before the Sessions Judge a Chandigarh, stating therein that it was being prayed before the Court below that accused -Ram Dev should be tried with the aid of Section 120 -B IPC. The finding of learned Judicial Magistrate 1st Class dated 7.7.1988 that no offence under Section 120 -B IPC is made out, was sought to he reversed by moving an application. Accordingly learned Additional Sessions Judge, Chandigarh granted liberty to the State to agitate the matter regarding involvement of the accused -petitioner under Section 120 -B IPC before the Judicial Magistrate 1st Class.
(3.) AGGRIEVED against the same, petitioner has filed the instant revision petition before this Court.;