DEV RAJ MALHOTRA Vs. D D BHARGAVA

JUDGEMENT

(1.) This petition is directed by an order made by Shri Lokeshwar Prasad. Judicial Magistrate, Delhi on 26.2.1973 U/S 213 of the Criminal Procedure Code hereafter called the 'Code'.

(2.) . A complaint had been instituted before the Chief Presidency Magistrate, Madras on 12.12.1962 against 8 parsons and the three petitioners before me were amongst them. Supreme Court transferred the complaint to Delhi and the District Magistrate directed in the first instance Shri Amba Prakash Magistrate, Delhi to deal with it. Thereafter various Magistrates dealt with the proceedings. The Prosecution produced 61 witnesses for the purpose of establishing a prima facie case in order to persuade that the accused be committed for trial by the Higher Court. Two of the accused persons K. E. Naido and Jagat Singh died during the course of the proceedings before the Court below.

(3.) . I have perused the impugned order. As from paragraph 2 onwards the case set up against the accused is noticed and it is observed that the prosecution had examined 61 witnesses. The impugned order noticed the law laid down in respect of the duties enjoined upon the Court passing the order of committal. It was clear that where the Court was to find that a prima facie case had been established for committing the accused for standing their trial they were to be committed and if the entire evidence was to lead to the conclusion that there was no case for passing an order of committal the accused were to be discharged.