RATAN SINGH Vs. BETAL SINGH

JUDGEMENT

(1.) APPLICANTS have been summoned in pursuance of the complaint under Sections 427, 147 and 149 IPC. The arguments are two folds. Firstly, it is urged that no prima facie case is disclosed ; secondly, it is urged that as concerning the same crop the present applicants filed a complaint earlier in time and on that the opposite parties were summoned, that would amount to believing that the petitioners are in possession and when that is the position, it cannot be considered that there is a prima facie case. Reliance is placed upon a single Judge pronouncement in the case of Khem Chand v Avendra Singh Nayal, 1983 ACrR 323. There is, however, an earlier pronouncement in the case of Yadram v. Smt.Maragari alias Shri Debi, 1983 ACrR 119 taking a different view that court will not enter into question of facts as such in proceedings under Section 482 CrPC. When that is the position, actually the Supreme Court pronouncements would be the best guide The law of precedents is well settled that where there are two or more pronouncements on any point by equal number of judges the latter pronouncement will be followed I am mentioning this because in the case of Khem Chand (supra) some much earlier Supreme Court pronouncements have been quoted regarding the general principles. However, the latest pronouncement on the point is Delhi Municipality v. Ram Kishan, AIR 1983 SO 67. I may quote: the guide lines regarding the matter laid down in para 8 :

(2.) IN fact, IN the case of H. S. Bens v. State, 1980 AWC 619 the principle laid down is that it is; the satisfaction of the Magistrate taking cognizance. IN fact, in that case the Magistrate had directed further investigation after recording statements and police report was that no case was made out yet the Magistrate summoned the accused and it was held that be could do so. Thus the position of law is as aforesaid.

(3.) IT was in the end submitted that the accused persons in the present case are old ladies and other ladies including minors, so there may be hardship in appearance by them personally on each dale. I am confident that as law also takes such factor into consideration and the Magistrate is fully empowered to dispense with the personal appearance and permit appearance through counsel unless personal appearance is directed on particular date, he will take compassionate view in the matter on any application made before the Magistrate.