SHANKARLAL BHOLARAM Vs. MOHAMMAD AYYUB MADARAN MOMIN

JUDGEMENT

(1.) This is an application for revision directed against an order passed on 20-1-1959 by Mr. G. R. Dewaika, Magistrate First Class, Kamptee, dismissing a complaint filed by the applicant Shankerlal against the four opponents.

(2.) The complaint was filed on 6-10-1958 and the complainant Shankarlal was examined on 13-10-1958. Thereafter a police challan came to be filed before the same Magistrate on 21-10-1958. The challan alleged substantially the same facts and made out the same offences. The Magistrate, however, for some reason returned the challan. It was re-presented bofore him on 27-10-1958 when he felt that it was triable by a Second Class Magistrate and therefore ordered it to be sent to such a Magistrate after obtaining orders of the Additional District Magistrate. In consequence of this order, he further ordered on 28-10-58 that the complaint filed on 6-10-58 should be stayed to await the decision of the Additional District Magistrate upon the challan.

(3.) Meanwhile the applicant applied for transfer of his complaint upon the ground, amongst others, that the Magistrate had already pronounced his opinion that the offences complained against in the complaint were triable by a Second Class Magistrate. The transfer application was dismissed by the Additional District Magistrate; but in passing the order the Additional District Magistrate observed that the offences disclosed both in the challan and in the complaint were trible by Mr. Dewalkar himself, that is to say, a First Class Magistrate. Thus both the challan and the complaint went back to the file of Mr. G. R. Dewalkar. Thereafter he passed the impugned order on 20-1-1959 which is as follows: