RADHA MOHAN DAS Vs. MURALI BEHERA

JUDGEMENT

(1.) THIS application in revision is directed against an order of the Additional District Magistrate (Judl), Cuttack by which he upheld the order dated 16 -2 -1970 passed by a Magistrate refusing to implead certain persons as accused in G.R. Case No. 1109 of 1967 pending in his Court.

(2.) THE Petitioner herein is the informant in that case. He lodged information at the Police Station on 3 -6 -1957 that while his son Prakash Kumar Das was proceeding along the public road, he was wrongfully restrained by Murali Behera, Raghunath Patra, Shyamsundar Pradhan, Mahani Samal, Maheswas Bhuyan, Ghanashyam Sahu and Tuni Sahu in front of the Saraswata Pathagara anti they demanded Rs. 50/ - from him. On his refusal to pay, they abused and assaulted him. On Prakash Kumar raising a hulla, Muralidhar who was armed with a knife attempted to stab him on his head which however he averted by raising his hand and as a result thereof he received bleeding injuries on his palm and thigh. After investigation, the Police submitted charge -sheet only against Muralidhar under Section 324, Indian Penal Code.

(3.) MR . D.C. Mohanty, learned Advocate appearing for the opposite party has raised a preliminary objection to the effect that as the names of persons now sought to be added as accused had been mentioned in the first information report but despite it, no charge had been submitted against them and consequently no charge had been framed against them, it must be deemed that they had been discharged by the learned trying Magistrate and unless that order of discharge was set aside, the trying Magistrate was not competent to issue summons against them. This contention is absolutely without any force because, there cannot be any question of discharge when the persons now sought to be impleaded had never been sent up when the charge -sheet was submitted by the Police and they were therefore never before the Court.