GULZAR SINGH Vs. BAL KISHAN SINGH

JUDGEMENT

(1.) THIS is an appli­cation under Section 482 of the Code of Criminal Procedure. The facts lead­ing up to this application can briefly be stated as under ;-

(2.) IT appears that before the Ma­gistrate an objection was raised by the applicants, inter alia, alleging that the proceedings should be governed by the old Code and not the new Code and fur­ther that no case was made out against the applicants. This objection was re­jected by the learned Additional Dis­trict Magistrate (J) vide his order dated 4th November, 1975, with the observa­tion that it was the new Code which was applicable and consequently he had no option except to commit the appli­cants to the court of Sessions. Aggrie­ved against that order of the Magis­trate, the applicants filled a revision in the court of Sessions which revision too resulted in dismissal.

(3.) THE contention put by the learn­ed counsel for the applicants in the fore-front of his arguments, before me was that this court should quash the complaint pending in the court of the Chief Judicial Magistrate and the entire proceedings thereunder, as they amount to abuse of the process of court. Learn­ed counsel vehemently urged that the alleged seizure had been made by appli­cant no. 1, who happened to be the Station Officer of Police Station Chandauli, in connection with a report of theft lodged at the thana. Learned counsel urged that the present complaint was filed by the opposite party no. 1 only by way of Peshbandi and to pres­surise the applicant no. 1 to drop the proceedings.