KANHAIYALAL DAULATRAMJI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a peculiar case. One Nilkanth, a Dy. Collector was driving his car through market in Jhabua when a dog Was run over and killed. One Kanhyalal stopped his ear and made an attempt to pull him out and intimidated. A report of this was made to the Police on the same day.

(2.) AFTER investigation the police forwarded a report to the Addl. District Magistrate jhabua recommending that the case be dropped. Nilkanth was sent for by the addl. District Magistrate. He raised certain objections to the investigation by the police and submitted that the inquiry was not proper and a fresh inquiry should be made. The Addl. District Magistrate considered that further inquiry was necessary and transferred the case to the Magistrate Ist Class Thandla to inquire into the matter further.

(3.) THE case thereupon went on transfer along with the policy record to the magistrate First Class Thandla who made preliminary investigation under Section 202 Cri. Pro. Code and found that there was a prima facie case. He therefore registered offences under Sections 341 and 505 I. P. C. and summoned the accused. The proceedings thereupon went on in the usual course.