AJIJ KHAN Vs. SIRAJUDDIN

JUDGEMENT

(1.) This revision petitition is directed against the order dt. 4-2-1985 passed by the Judicial Magistrate First Class Kukshi in Criminal Case No. 1176 of 1984 whereby it has been held that the complaint case, in view of the police challan, cannot be committed to the Court of Session.

(2.) Facts giving rise to the petition are these : on 10-9-1984, the petitioner filed a complaint against the non-applicants in the Court of Judicial Magistrate First Class Kukshi in respect of offences under Ss.148, 307 and 506, IPC all read with S.34 ibid. After inquiry under S.202 of the Code of Criminal Procedure 1973 (for short 'the Code') the learned Magistrate found a prima facie case under S.307, IPC and ordered issue of process.

(3.) On 4-2-1985, the learned Magistrate has held that from the police challan in connection with the occurrence, prima facie offences only under Ss.147, 148, 324 and 506 IPC appear to have been committed and in view of the challan, the case instituted on the complaint cannot be committed to the Court of Session. The learned Magistrate has further ordered that the judgment in the case instituted on police report shall also govern the disposal of the complaint case. Aggrieved by this order, the petitioner has preferred this revision petition.