SHIV DUTT SALWAN Vs. STATE

JUDGEMENT

(1.) The Petitioner Shiv Dutt Salwan is the Chairman of the Salwan Education Trust. The trust runs the Salwan Public School. The management of the said Trust decided to institute disciplinary school resulting in bad blood between the management and the delinquent employees. The employees lodged an FIR No. 598 on 31-12-1980 under Sections 147/ 148/149/307/506 Indian Penal Code against the petitioner and few others. That case being exclusively triable by the court of section of session has already been committed on 10-5-1983.

(2.) Another FIR No. 17/81 PS Rajinder Nagar was lodged on 8-1-1981, this time against the petitioner alone that he threatened the wife of one of the witnesses in the earlier case that in case the statements given by the witnesses are not changed they would face dire consequences. This case is pending before the Metropolitan Magistrate. On 16-4-1983 and application was made by the petitioner under Section 323 Criminal Procedure Code . for committal of the second case, i.e. FIR 17/81, to the court of sessions for trial. The learned Metropolitan Magistrate by his order dated 11-5-1983 rejected the application. Hence, the present petition for directing the Metropolitan Magistrate to commit the case to the court of session.

(3.) The learned Magistrate was of the view that there were no good reasons for committing the case to the court of session because the offence in the subsequent case was not related with the earlier one. Although the motive force of the second offence was the withdrawal of the earlier case, the second offence was committed at a different place and time and by different persons, the petitioner being one of them.