STATE OF M P Vs. RAMPRASAD

JUDGEMENT

(1.) This is an application under section. 482 of the Code of Criminal Procedure (for short the Code) interfering with the revisional order dated 25.8-87, dismissing the revision against the magisterial order discharging N As in respect of offence under section 364 of the IPC.

(2.) Circumstances giving rise to the application are these: The police, Garoth presented a challan against the NA5 in the Court of judicial Magistrate First Class, Garoth, in respect of offences under sections 148, 323 and 364 of the IPC (vide criminal case No. 714/86). By his order dated 23-3-87, the learned Magistrate held that there is no offence under section 364 of the IPC and framed charges only in respect of offences under sections 148 and 323 of the IPC. The State preferred a revision (Criminal Revision No. 107/87) which has been disposed of by the AddI. Sessions Judge, Gareth by the impugned order. Hence this application.

(3.) The contention of the learned counsel for the petitioners is that section 209 of the Code does not empower the Magistrate to pass an order of discharge and in the circumstances he was bound to commit the case to the Court of Sessions with reference to section 227 of the Code, he urges that the Court of Sessions alone has the power to discharge the accused.