N.L.Tibrewal, J. - (1.) This petition under section 482 Cr.P.C. has been filed by the petitioner Chironji with a prayer for quashing the order dated 15.12.89 of Additional Sessions judge, Dholpur. Shri Brijlal Bundela, in Sessions Trial No. 103/89. He has also prayed that while quashing the aforesaid order, the Additional Sessions Judge, Shri Brijlal Bundela, should be directed to pay Rs. 25,000/- as compensation to each of the accused persons who were sent to illegal custody and permission for his prosecution under sections 219 and 220 IPC be also accorded.
(2.) This petition was listed on 8.3.90 before Justice V.S. Dave. Justice Dave asked for an explanation of Shri Bundela to explain: "As to what provisions of law he has remanded the accused to the custody who were present in the court on the date of hearing without cancelling the bail. He shall also explain as to whether prior notice for such cancellation was given to the accused and whether the accused had been granted bail to appear in his court orders were passed by him or by the superior court. He should also explain under what circumstances and under which provisions of law he passed release order on the same day qua ladies, and further explain as to how there is variance in the dates given on the top of the order-sheet and under his signature." In compliance of the said direction, Shri Bundela has sent his explanation which is on the file.
(3.) To appreciate the grievance of the petitioner, it is necessary to give some facts, in brief, about the case which are as under:- Twenty two accused persons were committed to the court of Sessions Judge. Dholpur, to face trial under sections 366, 368, 376 and 379 IPC. 28.11.88 was the first date in the aforesaid case before the learned Sessions Judge. On this date all the accused except Somi Dilip Singh and Meena Singh, were present in the court. Personal attendance of the aforesaid three absentees was exempted by the court and the next date was fixed as 30.1.89. On 30.1.89 the learned Sessions Judge fixed 12.4.89 for hearing arguments for framing charge/charges against the accused persons. On this date some accused were present and for those who were absent, an application for exemption was submitted which was allowed. On 12.4.89 also arguments on framing charge/charges were not heard. On this date all the accused except the two ladies, namely, Smt. Sheela and Smt. Meena, were present and they were granted exemption from their personal attendance for that day. Next date was fixed as 28.6.89. On 28.6.89 again arguments on framing charges were not heard and the next date was fixed 4.10.89. On this date it was reported that one accused Ram Prasad had died and the learned Sessions Judge, before passing any appropriate order in this connection, thought it proper to obtain a report from the concerned Police Station and Gram Panchayat. On this date also some of the accused persons were present and for the remaining, an application for granting exemption from personal attendance for the day was submitted which was allowed. On 4.10.89 also the arguments on framing charge/charges were not heard, as the report about the confirmation of death of Ram Prasad was not received from the Police Station, Kotwali, Dholpur. The learned Judge, therefore, sought explanation from the SHO, Kotwali, Dholpur for not sending the report. On this date also all the accused persons, except Dilip Singh, were present and exemption from his personal attendance was granted to him.;