RAGHUVANSH KUMAR Vs. MADAN LAL SHARNA

JUDGEMENT

(1.) This isa Petition invoking jurisdiction of this Court under Section 561-A Cr. P.C. and Article 227 of the Constititution for quashing and setting aside the proceedings taken by the Sub Divisional Magistrate (Shri A. S. Awasthi) under Sections 107, 112 and 117 Cr. P.C.

(2.) The first respondent (Madan Lal Sharma) presented a petition to the Sub Divisional Magistrate on 22nd December, 1972; this petition was addressed to the Minister of State for Home Affairs. It contained allegations to the effect that two persons, who were Partners of a firm, were engaged in the quarrying of Jarnuna sand and had become inimical to Madan Lal Sharma (1st Respondent) on account of opposing the quarrying rights granted to said Partnership firm. The complaint was that on 23rd September. 1972 some persons pounced upon the first respondent when he was getting Into his car, assaulted him and threatened to kill him. An allegation was made that the present petitioner (Raghuvaosh Kumar) was responsible for the same. the police was said to be reluctant to take action in the matter. Upon receipt of the said Petition the Sub Divisional Magistate passed an order on the same day in the following terms :

(3.) The above and the other relevant provisions of law were considered by the Supreme Court recently in Madha Limaye v. Sub-Divisional Magistrate, Monghyr. Hidayatullah. C. J. observed a? follows :