GYANI Vs. STATE AND ORS.

JUDGEMENT

(1.) This reference has been made by the Addl. Sessions Judge, Etawah on 28 -4 -1971 for quashing the order of the SDM, Bidhuna dated 15 -10 -1970 in proceedings Under Ss. 107 and 117 Code of Criminal Procedure.

(2.) In village Purwa Bhawani there are two warring communities, the Ahirs and the Chamars. They are said to be at daggers drawn with each other. Several incidents and reports have been lodged by both the communities. Ultimately, proceedings Under Ss. 107 and 117, Code of Criminal Procedure were drawn up against both the parties. Cross -cases were started. The learned Magistrate summoned both the parties and after hearing their counsel he discharged the order Under Sec. 112, Code of Criminal Procedure against Amru and others, while notices in the cross -case against Gyani etc. were not withdrawn. Against this order dated 15 -10 -1970 Gyani filed a revision before the Addl. I Sessions Judge, Etawah, who has made a I reference to this Court for quashing the impugned order of the Magistrate.

(3.) The main point stressed in this case is that after giving notice Under Sec. 112, Code of Criminal Procedure, the learned Magistrate was bound to have followed the procedure laid down Under Sec. 117, Code of Criminal Procedure and without making an inquiry he had no jurisdiction to pass an order of discharge. Reliance has been placed for this submission on a decision of the Lahore High Court in the Case of Ujagar Singh v/s. Emperor, 30 Cri LJ 839 where it was held as follows: