ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) A challan was filed against petitioner Ashok Kumar in the Court of the Judicial Magistrate, 1st Class, Delhi, for an offence under Section 326 Indian Penal Code . The case had to be tried by the procedure prescribed under Section 251-A Criminal Procedure Code . The learned Magistrate, after perusing the documents referred to in Section 173 Cr.P.C. and after hearing the counsel for the prosecution as well as for the defence, pasted the following order on 3-6-1972:--

(2.) The petitioner thereupon filed a revision petition in the Court of Session and contended that the question of either framing a charge against him or of discharging him had to be considered by the learned Magistrate only on the basis of the documents referred to in Section 173 Criminal Procedure Code . and that it was not open to the learned Magistrate to examine any witnesses at that stage. This contention was accepted by the learned Additional Sessions Judge and he has submitted a report to this Court with a recommendation that the order passed by the learned Magistrate be quashed and the petitioner be discharged.

(3.) This petition was first heard by one of us sitting singly, namely, Ansari, J. As there was divergence of opinion between some of the High Courts on the point which arises for determination in the present case and as there was no decision of the supreme Court directly on the point, it was felt by him that it was desirable that this question should be examined by a larger Bench. This is how this case has come before us.