AMAR PREMANAND Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order passed by the Magistrate First Class, Pachhar, requiring the Police to put up a charge-sheet against the petitioner and also to arrest him.

(2.) The material facts are that a report was made by one Musammat Tudia in the Police Station, Ashoknagar alleging that the petitioner Naraindas alias Premanand committed rape on her. After investigation the Police made a final report to the Magistrate First Class, Pachhar for cancellation of the case because it found no substance in the report lodged by her. However, the complainant filed a protest petition alleging that the police was taking sides with the accused. Her application dated June 11, 1958 is in detail. It was on this that the Magistrate passed the impugned order.

(3.) The petitioner made an application in revision to the Sessions Judge, Guna, who has dismissed it and upheld the order of the Magistrate. In doing so he has discussed a number of decided cases and has relied on a decision of this Court which is reported in Piyarji Mangilalji v. The State, AIR 1958 Madh Pra 234.