JIA LAL Vs. CHANDER PAL SHARMA

JUDGEMENT

(1.) SHRI Chander Pal Sharma, the respondent before me filed an application under Section 107/150 of the Criminal Procedure Code alleging that he had lodged several reports at police station, Sadar Bazar against the petitioner, Jia Lal and others to the effect that he apprehended danger to his life and property at their hands and that the police had taken no action. On taking up the application, the Sub -Divisional Magistrate, Sadar Bazar passed an order requiring the S. H. O., Sadar Bazar to submit the report by the 9th November, 1971. No report was submitted. The Sub -Divisional Magistrate then recorded the evidence, which the applicant Chander Pal Sharma produced before him and passed an order on the 6th June, 1972 in which he stated that he had taken into consideration the evidence of Kishan Lal and Om Parkash besides that of Chander Pal Sharma himself and had come to the conclusion that there was an apprehension of breach of peace, which would not be avoided, without initiating proceedings under Sections 107/150, Criminal Procedure Code against the respondents. Coming to that finding the Sub -Divisional Magistrate ordered that notices be issued to the respondents under Sections 107/112 of the Criminal Procedure Code (hereinafter called "the Code") requiring of them to show cause why they should not be ordered to be bound down by executing bonds in the sum of Rs. 2,000/ - with one surety for the like amount for keeping peace for a period of one year. The case was adjourned to the 17th June, 1972.

(2.) IN consequence of the said order, a notice was served on Jia Lal one of respondents. The notice which was filed with the revision petition preferred under Section 435 of the Code before the Sessions Judge, Delhi is contained in a cyclostyled form. It starts by "whereas from the report of S. H. O. Police Station S. B. it appears that you Jia Lal 66, Jatwara, Pul Mithai, S. B. threatened to use force against Chander Pal."

(3.) ON receipt of the notice Jia Lal filed the petition under Section 435 of the Code raising the grievance that the Sub -Divisional Magistrate had never received any report from the S. H. O., Police Station, Sadar Bazar and the notice issued under the date 6th June, 1972 for that reason deserved to be quashed. The learned Addl. Sessions Judge who has sent a report under Section 435 of the Code ignored the provision contained in Section 537 of the Code : - "Section 537. Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account - (a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or (b) of any error, omission or irregularity in the charge, including any misjoinder of charges, or (c) of the omission to revise any list of jurors in accordance with Section 324, or (d) of any misdirection of any charge to a jury unless such error, omission, irregularity or misdirection has in fact occasioned a failure of justice."