PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Prem Singh, the first applicant, is a partner in firm M/s Mohar Singh Prem Singh, the second applicant in this Criminal Revision Petition No. 146 of 1988. The petition has been filed under Section 397, 401 read with Section 482 Cr. P.C. and Article 227 of the Constitution of India. It was persecuted in the Court on December 19, 1988. The prayer in the petition is that the charges, which have been framed against the applicants in Case No. 7-N/7 of 1985, (State v. Prem Singh and others) by the learned Special Judge, Solan, on September 29, 1988, be quashed.

(2.) The charges framed against Prem Singh are for offences under Section 42 of the Indian Forest Act; Sections 120, 379, 420, 467, 468 and 120-B of the Indian Penal Code. Charges under the provisions of Sections 379, 420, 467, 468 and 120-B IPC have been framed against the second applicant, firm M/s Mohar Singh Prem Singh, through its partner, Prem Singh.

(3.) M/s. Prem Singh Mohar Singh are forest lessees. A First Information Report (No. 58 of 1977) was lodged on September 25, 1977, at Police Station, Rajgarh, District Sirmur, for the offences aforesaid alleged to have been committed between March, 31, 1976, and January 21, 1977, After investigation, a challan, which was prepared on September 20, 1982, was presented in the Court of the Special Judge on September 24, 1985.