HAR DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) By way of this petition, under Section 482 Cr.P.C, the applicants have challenged the entire proceedings of Criminal Case No. 1406 of 2008, under Section 323 I.P.C. pending in the court of Chief Judicial Magistrate, Hathras.

(2.) I have heard Sri Pramod Dwivedi, learned counsel for the applicants and learned A.G.A for the State.

(3.) It transpires from the record that on the application of respondent No.2 Malkhan Singh, the Sasni police of district Hathras registered a non-cognizable case on crime No. 143 of 2008, under Section 323 I.P.C as is evident from Annexure 1 and the police officer got the permission from the Magistrate concerned under Section 155(2) Cr.P.C and after investigation, submitted charge- sheet (Annexure 3) against the accused-applicants. The learned Chief Judicial Magistrate vide order dated 11-7-2008 (Annexure 4) took cognizance and proceeded as State case. The accused-applicants moved application (Annexure 5) before the learned Magistrate to recall order dated 11-7-2008 taking cognizance. In that application, the procedure adopted by the trial court was also- challenged. The learned Magistrate rejected that application vide order dated 11-9-2008 (Annexure 6) and aggrieved by the same this petition, under/Section 482 Cr.P.C has been preferred.