STATE Vs. PATIL MOHAMMAD MIRA

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge, North Kanara, Karwar, in Criminal Revision Application No. 9 of 1961.

(2.) The facts and circumstances leading to this reference may shortly be stated as follows: There appear to be two parties amongst the Navayat Muslims at Bhatkal. On the 7th of June 1958, one Sri Abdul Hassan Fakkibhav wanted to celebrate three marriages in his house. This was not liked by the members of the first party as the Kazi of the second party was to solemnize the marriages. Therefore, to prevent the said marriages, about 400 to 500 persons belonging to the first party gathered in front of his house and tried to create trouble. Ultimately, there was a rioting and the Police bad to open fire. On the 8th at June 7958, the said Abdul Hassan lodged a complaint at Bhatkal Police station wherein he gave the names of 68 persons as the accused. The Bhatkal Police registered a case for offences punishable under Sections 147, 149, 457, 395, 152, and 427 I.P.C. After investigates, the Circle Police Officer, Sirsi, submitted what is called 'A' summary report to the Judicial Magistrate, First Class, Bhathal, on 7th December 1958 about which I shall deal in some detail later on. However, the police did not seem to have moved the Magistrate early to pass the necessary order on that report. The Magistrate passed an order thereon on the and of May 1959 holding that there was no sufficient evidence against the accused for sending them for trial. Consequently instead of granting 'A' summary discharge, he discharged the accused under Sub-section (2) of Section 251-A Cr. P. C.

(3.) Against the said order of discharge, both the complainant and the State preferred two revision applications in the Court of the Sessions Judge of North Kanara at Karwar. The learned Sessions Judge disposed of both those applications by, a common judgment holding that he could not act either under Section 436 or 438 Cr. P. C., and consequently dismissed them by his order dated 22nd of July 1960. This order was not taken to the High Court and thus became final. Thereafter the State filed a fresh criminal case viz. C. C, 438/60 in the Court of the Judicial Magistrate, First Class,' Bhatkal, against 32 persons on the same facts and for the same offences on the nth of October, 1960.