DALBIR SINGH Vs. STATE

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure, 1973 for quashing the order of the Additional Chief Metropolitan Magistrate dated 7.11.1981.

(2.) These are the facts. On 22.1.1981 a sub inspector of police with 2 assistant sub-inspectors and a head constable went to investigate a case under section 307, 1.P.O. They were looking for Rakesh and Umesh, two sons of Dalbir Singh, in his house in Onkar Nagar. They knocked at the door of his house. It was 1.15 a. m. The accused Dalbir Singh came out of the house. The sub inspector explained to him the reasons of his presence. On this the accused became angry and caught hold of the collar of the subinspector and shook him saying; "How have you dared to come to my house at this hour ?" When the sub inspector tried to free himself his son also came there and both of them began to beat the sub inspector. His uniform was also torn. With these allegations a first information report Was lodged. The investigation commenced. As a result of the investigation the police came to the conclusion that there was no independent eye witness of the incident. Even the staff accompanying the sub inspector did not witness the occurance. They said that they had not seen the incident. So the police found that there was no sufficient evidence to challan the accused person under Ss. 353/ 186/332 Indian Penal Code They formed the opinion that the case be treated as closed or cancelled due to lack of evidence. They requested the magistrate that the accused persons may be discharged. An application was made to him for the discharge of the accused persons on which he made this order ; "No case of discharge. Challan be filed". This is the impugned order dated 7.11.81. The question is about the legality of this order.

(3.) A large number of authorities have been cited on.-behalf of the petitioners Mr. Soni has referred me to Abhinandan Jha v. Dinesh Mishra, AIR 1968 SC 117, Avtar Singh v. State, 1978 Allahabad Crl. Rulings 405, Chandrasekhar v. State, 1978 Allahabad Cri. Rulings 455, Krishna Kant v. State, 1980 Allahabad Law Journal 759, Jauhari Mal v. State, AIR 1969 All. 241, Sesh Nath Chaube v. State, 1978 Allahabad Criminal Rulings 284 and R.N. Chatterjee v. Havildar Kuer Singh, 1970(1) S.C.C. 49.