RAJINDER PRASAD Vs. BASHIR

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the order of the Additional Sessions Judge, Deeg by which charges were framed against them for offences punishable under Ss. 147, 148, 323, 324, 149, 427 and 395 of the Indian Penal Code, the respondents filed a petition under S. 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") praying for quashing the aforesaid order. Holding that the Magistrate, being the Court of committal, had no power to add four respondents as accused-persons without adopting procedure as prescribed under S. 203 of the Code, the High Court allowed the petition of the respondents and set aside the order of the Court by which cognizance of offence under S. 395 of the Indian Penal Code was taken. The case has been remanded back to the learned Magistrate to hold inquiry as per the provisions of S. 203(2) of the Code with direction that if he finds that a case under S. 395, I.P.C. is made out, he will pass necessary orders against the accused-persons and commit the case to the Sessions Judge, if necessary.

(3.) The facts giving rise to the filing of the appeal are that on 10-3-1988 when the appellant-informant was sitting at his shop in the company of his brothers, the accused-persons, namely, Chhaju Khan, Bannu Khan, Nasru Khan, Zakir Khan, Mumrej Khan, Razak Khan, Kallu, Nannu, Ramesh Mishtri and four others came there and assaulted Hotilal, one of the brothers of the appellant with intention to kill him. The other brothers of the appellant were also assaulted as a result whereof they received injuries. Accused persons took away a sum of Rs. 600 along with some papers from the shop of the informant. The showroom (shop) was also damaged resulting in loss to the property. A case was registered against the accused-persons under various sections and after investigation charge-sheets were submitted against them. As the charge under S. 395, I. P. C. was not added against the accused-persons, the appellant-complainant submitted a protest petition seeking the addition of the aforesaid offence against them. By another application the appellant-complainant sought the addition of four accused-persons, namely, Babu, Bashir, Sultan and Rajjal as their names were allegedly wrongly dropped from the list of accused-persons by the investigating agency. The committal Magistrate allowed the applications and committed the case to the Court of Session whereafter the learned Additional Sessions Judge being the trial Court framed the charges against the respondents including the charge under S. 395, I.P.C.