BANWARILAL JILWALLA Vs. HEMRAJ SHARMA

JUDGEMENT

(1.) THE accused persons in a complaint case are the petitioners and they have challenged the order of the learned Additional Sessions Judge who has set .aside the order of the learned Magistrate and has directed the learned Magistrate to decide on the materials on record as to whether a prima facie case has been made out against the petitioners or not.

(2.) FROM the revision petition as well as from the records of the case it appears that a complaint was filed by opp, party No. I alleging that the petitioners came armed in a body 19 -11 -1976 and assaulted the son of the complainant. When the complainant rushed to rescue his son, he was also assaulted and was hospitalised, Comptainant's mother gave a written report to the police on the basis of which a First Information Report was drawn up, but as the investigation was not fair, the complainant was obliged to file the complaint case.

(3.) AGAINST this order of the learned Magistrate, the complainant carried a revision to the learned Sessions Judge. The learned Additional Sessions Judge by the impugned order has set aside the order of dismissal of the complaint passed by the learned Magistrate on the ground that the Magistrate should have considered the materials on record and should have decided the question regarding prima facie nature of the allegation. It is this order of the learned Additional Sessioni Judge which is being impugned in the present revision.