NANAK CHAND Vs. VINOD KUMAR JAIN

JUDGEMENT

(1.) This criminal revision is directed against order dated 5/10/1996 passed by the learned Additional Session Judge (ASJ) whereby charges against all the petitioners under Section 147/149/323 Indian Penal Code, under Section 452 against accused No.1 to 4 and under Section 356 Indian Penal Code against accused Davender have been framed in a complaint case.

(2.) The learned MM vide his order dated 16/5/1994 had committed the complaint case to the learned Session Judge under Section 323 of the Code as a cross case arising out of Police case in FIR No. 121/92 of P.S. Mansarover Park, Delhi involving inter alia offence under Section 308/34 Indian Penal Code had already been committed to that Court.

(3.) Briefly, the facts are that one Vinod Kumar Jain had filed a complaint before the learned Magistrate for proceeding under Sections 308/452/323/147/148/149/506 Indian Penal Code against six accused/petitioners in connection with an occurrence which had taken place at about 10.15 P.M. on 9/7/1992 at the house of the complainant at 2892 Ram Nagar, Shahdara, Delhi. The learned MM recorded statements of some witnesses under Section 202 of the Code of Criminal Procedure (for short the `Code'), took cognizance of the complaint case and summoned all the six accused persons under Sections 323/147/149 Indian Penal Code, accused No.1 to 4 under Section 452 and accused Davender under Section 379 Indian Penal Code. The accused appeared before the learned MM. In connection with the same occurrence a Police case (FIR No.121/92) was also registered at P.S. Mansarover Park; after investigation a report under Section 173 of the Code was submitted by the Police and that case had already been committed to the Court of Sessions. On an application filed by the complainant the learned M.M. in exercise of power under Section 323 of the Code vide his order dated 16/5/1994 committed the complaint case also to the Court of Ld. A.S.J. to be tried along with police case. The accused-petitioners did not challenge that order.