BHAGWAN Vs. KISHAN SINGH

JUDGEMENT

(1.) Bhagwan and 15 others have moved this application under section 482 Criminal Procedure Code praying to quash proceedings in Criminal Case No. 207 of 19150; Kishan Singh v. Bhagwan and others under section 395 Indian Penal Code, police station Achenera, Agra, pending in the court of Sri Brij Raj Singh, Munsif Magistrate, Agra.

(2.) The brief facts of the case are that Kishan Singh, opposite-party, filed a complaint against the sixteen applicants under sections 395/397, Indian Penal Code in the court of Judicial Magistrate First Class, Agra. In paragraph 4 of the complaint, he has named Roshan Singh, Pooran, Babu.Khemu, Ramesh and others as the witnesses of the occurrence.

(3.) The Magistrate examined Kisuan Singh under section 200, Criminal Procedure Code and Rajender Kumar under section 202, Criminal Procedure Code and passed an order on 13.10.1980 summoning the applicants under section 395, Indian Penal Code, after considering the above mentioned statements under sections 200 and 202, Criminal Procedure Code. Offence under section 395 Indian Penal Code, is exclusively triable by the court of session and hence proviso to sub-clause (2) of section 202, Criminal Procedure Code shall apply which reads as under: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.