GOREY LAL Vs. STATE

JUDGEMENT

(1.) These two criminal revisions one on behalf of the State of U.P. and the other on behalf of Sri Gorey Lal, M.L.A., are directed against an order passed by Sri Prem Singh, II Judicial Magistrate, Etawah on 24-10-1983 in Criminal Case No.254 of 1981 giving rise to S.T. No.237 of 1983, whereby the learned Magistrate allegedly rejected the prayer of the Public Prosecutor and refused to accord consent to him for withdrawing from the prosecution of the case. Since both the revisions arise out of one order and the controversy involved is the same, they are being disposed of by this common judgment.

(2.) Briefly stated, the facts of the matter are that a charge sheet was filed in the court of IVth Munsif Magistrate, Etawah, under Ss.332, 333, 353, IPC, read with S.7 of the Criminal Law Amendment Act, against Sri Gorey Lal, M.L.A. The case was investigated by the CID., which submitted this charge sheet. The case started on the basis of the FIR., which was lodged in the police station, Bharthana, district Etawah, on 3-12-1981 at 2.25 p.m. in respect of an occurrence that had taken place the same day at 2.05 p.m. The maker of the said report was Sri Shanker Pal Singh, Sub Divisional Magistrate, Bharthana, and, briefly stated, the allegations were that in connection with some official work the Sub Divisional Magistrate had to accompany Sri Gorey Lal Shakya, M.L. A. to some village and for that purpose the Sub Divisional Magistrate reached the house of the M.L.A. When they reached near the Jeep, the Sub Divisional Magistrate asked the M.L.A. to take his seat. Upon this, the M.L.A. got enraged and refused to sit on the back portion seat of the Jeep and insisted on sitting on the front portion. It is contended that the Sub Divisional Magistrate did not object to it but still the M.L.A. started misbehaving with the Sub Divisional Magistrate and used unparliamentary language against him. The Sub Divisional Magistrate then returned back to his Court Room and sat on his chair and started making a telephone call to the District Magistrate with a view of apprising him with the position but before the talks could start, Sri Gorey Lal Shakya reached there, abused Sri Shanker Pal Singh, kicked the chair of the Sub Divisional Magistrate and threw him on the ground. He started giving him a beating, threw away the telephone, tore away the papers and threw them away and also tore away the table cloth. The situation was saved from deteriorating by the intervention of the Stenographer, Orderly and other Tehsil Officials. Subsequently one of the fingers of the Sub-Divisional Magistrate, the first informant, was alleged to have been found broken as a result of this Marpeet.

(3.) It appears that the investigation of the case was entrusted to the Criminal Investigation Department and after investigation the charge sheet was submitted.