TRIVENI PRASAD SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under section 482 CrPC for quashing the order dated 25-10-83 whereby the Magistrate had taken cognizance against Triveni Prasad and four others.

(2.) IN brief Salig Ram filed FIR on 1-11-82 against Amar Nath Dubey and Subhash Dubey and petitioners Triveni Prasad, Murli Yadav, Ram Raj Yadav, Ram Rup Singh and Deo Nath Dubey for the offences under sections 323/324/325 and 307 IPC. After investigation charge-sheet was submitted against Amar Nath Dubey and Subhash Dubey. Salik Ram filed a protest petition on 17-9-83 for taking cognizance against Triveni Prasad and 4 others (hereinafter referred as 'the petitioners'). After perusal of the case diary and considering the* statements recorded under section 161 CrPC by a discussed order the Magistrate took cognizance under section 190 CrPC against these petitioners as well for these offences by its order dated 25-10-83. A revision preferred against that order was also dismissed by the Revisional Court by its order dated 11-1-84. The petitioners being aggrieved have preferred this petition.

(3.) THE short points for consideration in the petition are firstly whether the summoning of the petitioners amounts to the taking of the cognizance twice; and secondly whether after submission of the charge-sheet against some of the persons named in the FIR, the Magistrate is competent to summon the other persons as accused on the protest petition being filed after perusing the case diary and without undergoing the procedure provided for a complaint under section 200 CrPC and onwards.