(1.) THE State is hereby assailing the order of discharge passed by the Judicial Magistrate First Class, Mandleshwar, in Criminal Case No. 54 of 1987 by which he discharged the respondent of the charge for committing offence under Section 326 read with Section 34, Indian Penal Code.
(2.) THE facts giving rise to the prosecution are stated as under :
(3.) THE complainant Jairam lodged the report with Police and thereafter crime bearing No. 10/87 was registered against the accused Pappu and the respondent for offence punishable under Section 326 read with Section 34, Indian Penal Code. By order dated 16-3-1986, the respondent was discharged from the said charge by the J. M. F. C. Mandleshwar and that is the subject matter of challenge in the present petition.