BOBBY Vs. DEV SWAROOP

JUDGEMENT

(1.) U. S. Tripathi, J. This revision has been directed against the order dated 18-12-1997 passed by IVth ACJM, Mathura in Criminal Case No. 6/11/96 summoning the applicants under Sections 147, 148, 149, 302 and 201, IPC for trial.

(2.) THE opposite party No. 1 Dev Swaroop lodged a report at P. S. Sahpau, District Mathura on 9-4-1995 at 9. 30 a. m. with the allegations that on the night inter vening 8/9-4-1995 at about 3. 30 a. m. his nephew Bhudev was murdered while he was sleeping. THE report was, however, lodged against unknown persons. THE police after investigation submitted final report. THE complainant filed protest peti tion. THE learned Magistrate rejected the final report and ordered for registration of protest petition as a complaint and directed the complainant to adduce evidence. THE order of registration of complaint dated 19-10-1996 was chal lenged in Criminal Revision No. 408 of 1996 by the opposite party No. 1. THE learned Sessions Judge rejected the above revision, vide order dated 18-2-1997. THEreafter, the complainant examined himself under Section 200, Cr PC. Smt. Barfi Devi (P. W 1), Bhagwan Singh (P. W. 2), Hari Shankar (P. W 3) and Dr. B. S. Agnihotri (P. W 4) under Section 202, Cr PC, on perusal of above statements under Sections 200 and 202, Cr PC, the learned Magistrate came to the conclusion that there is prima facie case against the ap plicants for proceeding with the offences Punishable under Sections 147, 148, 149, 02 and 201, IPC. With these findings he summoned the applicants under said Sec tions by the impugned order dated 15-12-1997.

(3.) IT is not disputed that complainant had given list of as many as ten witnesses and had examined only four witnesses of fact including him and Doctor and ex amined, vide order of the Magistrate dated 30-9- 1997. The proviso to Section 202 (2), Cr PC says that provided that if it appears to the Magistrate that the offence com plained is triable exclusively by the Court of Sessions, he shall call upon the com plainant to produce all his witnesses and examine them on oath.