GIRIRAJ SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by Girraj Singh and Sohan Lal Sharma, accused, to challenge the order dated 22-10-1962 of Sri J. P. Kaushik, Magistrate First Class, Saharanpur, directing that both the complaints shall be amalgamated and both Basheshwar Daya] Kaushik and Dharam Singh shall be treated as co-complainants. It was at the same time ordered:

(2.) THE material facts of the case are that on 11-1-1962 Basheshwar Dayal moved a complaint alleging that the present applicants, Girraj Singh and Sohan Lal Sharma, had committed offences punishable Under Sections 408, 467 and 471, I. P. C. The complaint was moved in the Court of the judicial Magistrate, Saharanpur; but some one on behalf of Judicial Magistrate, City, directed the return of the complaint for presentation in the Court of the Bench Magistrates, Saharanpur, for disposal according to law. However, from the application dated 21-81962 it appears that the complaint had been made in the Court of Sri J. P. Kaushik, Judicial Magistrate, and the complaint was transferred to the Court of the Bench Magistrates, Saharanpur. We are not concerned with the irregularities committed at the time of the presentation and transfer of the case to the Court of the Bench Magistrates. The Bench Magistrates examined the complainant under Section 200, Cri. P. C. and after making an inquiry under Section 202, Cri. P. C. issued notice to the accused applicants to stand their trial of offences punishable under Sections 408, 467 and 471, I. ,p. C. The complainant examined a few witnesses and, in fact, the trial proceeded in accordance with the law till Sri J. P. Kaushik, Judicial Magistrate, recalled the criminal case for trial by himself. The order of recall was passed on 12-9-1962.

(3.) IT was on 4-6-1962 that Dharam Singh moved another complaint based on the same facts in the Court of the Judicial Officer, Saharanpur, alleging that the applicants had committed offences punishable under Sections 406, 467 and 471, I. P. C. Sri I. P. Kaushik, Judicial Magistrate, called upon the police to make an enquiry and to submit report within a month. On receipt of the police report the accused persons were summoned for appearance in Court on 19-71962 to stand their trial of the offences arising out of the complaint.