(1.) THIS is an applica tion under section 482 Cr.P.C. for quashing the proceedings of Criminal Case No. 2363 of 2004, State v. Shanker Ji Shukla, Case Crime No. 256/97 under sections 308, 325, 323, 504 and 506 I.P.C. P.S. Meja District Allahabad.
(2.) THE facts relevant for disposal of this application are that on 16.8.1997 a F.I.R. was lodged by Sri Shankaracharya Tiwari against the accused Bharat Ji Shukla, Shankar Ji Shukla and Lakshman Ji Shukla under sections 308, 323, 504 and 506 I.P.C. with these allegations that on the aforesaid date at 5 P.M. these accused had abused Umesh Datt Shukla and Shankar Ji Shukla from Lathi, Lakshman Ji from iron rod and Bharat Ji Shukla from butt of gun had caused injuries to Umesh Datt Shukla. The injuries of Umesh Datt Shukla were medically examined and his X -ray was also done, and after completion of investigation, the police submitted charge -sheet against the accused applicants under sections 308, 325, 323, 504 and 506 I.P.C. Aggrieved with the charge -sheet Shanker Ji Shukla has filed this application under section 482 Cr.P.C.
(3.) LEARNED Counsel for the applicant submitted before me that no case under section 308 I.P.C. was made out but the Magistrate has started proceeding for commitment of the case in a mechanical manner without considering this aspect whether the offence under section 308 I.P.C. was made out or not. In support of his contention he cited before me a ruling of Hon'ble Supreme Court in Rizwan v. Waqar Ahmad and others.1. 1993 SCC (Cri) 455. In this case a charge -sheet had been submitted against the accused persons under section 307 - I.P.C. The Magistrate having regard to the nature of the injuries instead of committing the case converted it into a warrant case and started to try the accused under sec tions 323 and 324 I.P.C. The above order of the Magistrate was challenged before the Sessions Judge who allowed the revision and directed the Magistrate to commit the case to Sessions Court holding that the Magistrate had no option except to commit the case. A revision was filed against that order before the High Court. The High Court allowed the revision and confirmed the order of the Magistrate. However, it granted a certificate for Special Leave to Appeal to the Hon'ble Apex Court on the ground that substantial question of law was involved in it. Then the matter went to the Hon'ble Apex Court and the Hon'ble Apex Court held that section 209 Cr.P.C. lays down that if it appears to the Magis trate that the offence is triable exclusively by the Court of Session then it has to commit the case. It was further held that almost all of the injuries in the case were simple, and in that view of the matter the Magistrate thought that it was not a fit case for committal to the Sessions Court and the High Court had rightly upheld that view.