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2017 DIGILAW 737 (JK)

Balvinder Singh v. State

2017-08-25

SANJAY KUMAR GUPTA

body2017
JUDGMENT : 1. I have heard learned counsel for the petitioner. 2. Learned counsel for the petitioner has filed the instant petition for quashment of the order dated 17th September, 2015 passed by the learned Sub-Judge, Special Mobile Magistrate, Jammu, whereby the petitioner has been charged for offences under Section 341 and 382 RPC. 3. In the instant petition, it has been stated that the challan in question is not sustainable, as the same has been prepared on mechanical manner just to harass the petitioner and to give undue benefit to some blue eyed persons including Mr. Abdul Karim, from whom the alleged stolen property was recovered. The complaint, which was forwarded to Police for investigation under Section 156(3) Cr.P.C has been filed after more than forty five days from the date of occurrence. The Trial Court has charge sheeted the petitioner under Sections 341 and 382 RPC without appreciating the fact that the ingredients of Sections 341 and 382 RPC are not made out from the whole challan as well as the FIR lodged. 4. I have considered the submissions made by the learned counsel for the petitioner. From the perusal of the order, it is evident that the accused has been charged sheeted on 17th September, 2015, but the instant petition has been filed after about two years. The petitioner has not explained the delay in filing the instant petition for quashing the charge. Therefore, at this stage, I do not deem it apposite to interfere with the order of framing of charge against the accused under Sections 341 and 382 RPC on the ground that after framing of charge, prosecution would have produced evidence. The petitioner has also raised disputed question of facts, which cannot be adjudicated upon in this petition. Further, it is not the case of the petitioner that there is expressed bar engrafted in Cr.PC for producing the challan and the trial thereon. 5. In view of the above, the instant petition is, accordingly, dismissed alongwith connected MPs.