RAM CHARAN Vs. STATE

JUDGEMENT

(1.) A complaint was made against Ram Charan applicant under Section 325/149, I. P. C., before a Magistrate of Bareilly. Several other cases seem to have been filed against the applicant in other Courts. One of them was under Section 107 in the Court of the City Magistrate of Bareilly. While the case was pending against the applicant in the Court of Sri S. M. Tyagi, Magistrate, Sri T. R. Barker, the City Magistrate, passed an order as follows:

(2.) In appeal the learned Sessions Judge confirmed the conviction of the applicant under Section 326, I. P. C., but reduced the sentence to six months' Rule 1. He also set aside the order under Section 108 on the ground that the Magistrate had given no reasons for taking action against the applicant under that section. He further observed that

(3.) In this revision application before me, it has been urged by Mr. Gopal Behari, learned counsel for the applicant, that the Magistrate passed an order under Section 106, Cr. P. C., without any rhyme or reason simply because the City Magistrate had written certain letters to him, that there is likelihood that the Magistrate might have been influenced in the decision of the case itself and that it is quite possible that if the letters were not there, he might have come to a different conclusion. I think the complaint of the applicant is not unfounded. The Magistrate apparently passed the order under Section 106 under the influence of the request made by the City Magistrate. The conclusion to which the learned Sessions Judge was led to is amply supported by the omission of the Magistrate to give reasons for his order under Section 106. If he was so influenced with respect to one part of his order, it cannot be said that he was not equally influenced in convicting the accused on the main part of the case. It has been said times without number that justice should not only be done but should seem to be done. In a case of this kind, where there is a reasonable suspicion that a Magistrate may have been influenced by an extra-judicial consideration, the order of the Magistrate cannot inspire confidence. In the interest of the purity of the administration of justice, such an order should not be allowed to stand. I have, therefore, no hesitation in accepting this application.