- (1.) ORDER :- The petitioners have come up by way of revision petition against the orders dated 19-7-1997 and 18-11-1997 passed by the Additional Civil Judge (J.D.) No. 2-cum-Judicial Magistrate First Class, Sri Ganganagar in Criminal Case No. 395/97 by which the trial Court while exonerating the accused of the charge for offence under Ss. 420, 467, 468, 471 and 120-B, I.P.C. held that the accused are liable to be charged and tried for the offence under Ss. 323 and 324, I.P.C.
(2.) The questions which arise for consideration of this Court are as to :- (i) Whether the impugned order passed by learned Magistrate is liable to be interfered with at this initial stage whereon the basis of evidence on record only charge has been framed while culpability of the accused is yet to be established for the said offences? (ii) Whether the scope of inherent powers of this Court under S. 482, Cr. P.C. extends so as to interfere with the order of the trial Court directing framing of charge against accused for offences under Ss. 323 and 324, I.P.C. on the ground that it is necessary for this Court to enforce constitutional mandate to prevent abuse of process of justice or otherwise to secure ends of justice?
(3.) The facts which are relevant for deciding the controversy between the parties are that the accused petitioner No. 1 in the course of discharge his official duties as to Sarpanch of Gram Panchayat of village Kotha issued Patta of Plot No. 510-B in favour of his wife petitioner No. 2 on 26th March, 1990. It is further alleged against the petitioner that he had tampered with the record of Panchayat and the size of the plot of which he made the allotment in favour of his wife was increased from 25' x 40' into 65' x 40'. In this manner, he had misused his official position with a view to derive undue advantage for his family.;