DHARMVIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed by Dharmvir and 6 others, against an order of the Magistrate concerned summoning them under Section 147/148/149/323/307 IPC, which order has been upheld in revision by the Sessions Judge, Saharanpur on 14-9-1989. The brief facts are that a complaint was filed by Ram Swaroop under the aforesaid Sections alleging that the incident took place on 1-7-1988 around 2.30 p.m. when the accused petitioner had come variously armed and assaulted the prosecution side causing them serious injuries. Since the matter was reported to the police and it did not take suitable action, the Magistrate was approached by means of criminal complaint. Being prima facie satisfied that since the complaint allegations were making out a case under Section 307 IPC also, the Magistrate perhaps thought it best to direct the complainant to examine all his witnesses. The complainant consequently examined Naresh, Ram Baran, Ved Pal, Hukum Singh, Jail Singh and Dr. Lok Nath Deepak as prosecution witnesses number one to number six respectively. On a perusal of the material thus produced by the complainant, the Magistrate had proceeded to pass the impugned order summoning the accused.

(2.) Sri Chandra Shekhar Sharma learned Counsel for the petitioner has raised two points for consideration.

(3.) Firstly, that other witnesses namely, Tufail, Maqsood, Baburam, Idris, Yaseen and Dharmvir though mentioned by the complainant as witnesses of the occurrence have not been examined under Section 202, Cr. P.C.