A S SANYAL Vs. KHEM CHAND

JUDGEMENT

(1.) This is a criminal revision and connected criminal miscellaneous application under section 481, Criminal Procedure Code against the order dated 12-1-1983 passed by the learned Sessions Judge, Pithoragarh is Criminal Revision No. 18 of 1982, A. S. Nayal and two others v. State and another.

(2.) The facts giving rise to this revision and connected criminal miscellaneous application are that Khem Chand is employed as a driver in the Collectorate in district Pithoragarh. A. S. Nayal, Kunal Sharma and Sabhajit Shukla are Executive Magistrates posted in district Pithoragarh. On 19-10- 1981 Khem Chand filed a complaint against A. S. Nayal and two other Executive Magistrates for offences under sections 323, 394, 504 and 506 Indian Penal Code said to have been committed on 10-9-1981 at 8.15 P.M. It was alleged that the accused abused, threatened and beat the complainant and robbed him of Rs. 3,000/ on account of a suspicion that he had earlier made a complaint against them to the District Magistrate. She statement of Khem Chand was recorded under section 200, Criminal Procedure Code on the same days. P.W. 1 Murli Dhar, P.W. 2 Lalta Prasad and P.W. 3 Govind Chandra were examined under section 202 Criminal Procedure Code. On 19th July, 1982 the Chief Judicial Magistrate, Pithoragarh summoned the accused for offences under sections 394, 504 and 506 (second part) of the Indian Penal Code. Against this, the accused filed Criminal Revision No. 18 of 1982 before the Sessions Judge, Pithoragarh. The learned Sessions Judge passed the impugned order and allowed the revision partly and quashed the order passed by the Chief Judicial Magistrate summoning the accused for an offences under section 394, Indian Penal Code. The remaining part of the order summoning the accused for offences under sections 504 and 506 Indian Penal Code was upheld. Khem Chand has filed the Criminal Revision against a portion of the impugned order quashing the order passed by the Chief Judicial Magistrate summoning the accused for the offence under section 394 Indian Penal Code. The accused have filed Criminal Miscellaneous Application under section 482, Criminal Procedure Code for quashing the order passed by the learned Sessions Judge whereby he has confirmed summoning of the accused for offences under sections 504 and 506 Indian Penal Code.

(3.) I have heard the learned counsel for parties and gone through the record.