TRILOKI NATH RAINA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This revision petition is directed against the order of learned Sessions Judge, Badgam, dated 15/4/1983, whereby he reversed the finding and judgment of Chief Judicial Magistrate, Badgam, dated 2/9/1982 and directed him to pass a fresh order of commitment committing the whole case to the Court of Session.

(2.) A perusal 6f the record reveals that a challan in case State v. Ayub Khan based on F.I.R. No.3 of 1981 under sections 379, 409, 467 and 474/149 R.P.C. read with section 6 of the Forest Act was produced before Chief Judicial Magistrate, Badgam. Learned Chief Judical Magistrate, while committing the case to the court of Session on the ground that the offences were exclusively triable by the Sessions Court, discharged one of the accused, the petitioner herein. A revision petition was filed against the order of discharge passed by the learned Chief Judicial Magistrate and the learned Sessions Judge vide impugned order accepted the revision petition and directed the Chief Judicial Magistrate to pass a fresh order of commitment and commit the entire case to the Court of Session.

(3.) I have gone through the record and heard Mr. M.M. Din, learned AddI. Advocate General for the State. The petitioner and his counsel are not present. Keeping in view the provisions of section 440 Cr. P.C. I am disposing of the revision petition on the hasis of the material on the record.