HANGLEM IBOCHOU SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner was accused of Complaint Case No. 1144 of 1987 under sections 307/324/506 of the Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Imphal. He impugns the order dated 10-12-1987 of the Chief Judicial Magistrate dropping the charge under section 307 and deciding to proceed with the trial for offences under sections 324/506 T.P.C.

(2.) Heard learned counsel Mr. Kh. Chonjon Singh on behalf of the petitioner. Also heard learned counsel Mr. N.G. Kumar on behalf of the Complainant-Respondent No.1 learned Public Prosecutor Mr. Promode Singh for the State of Manipur.

(3.) The Chief Judicial Magistrate took cognizance of the offences including one under section 307 of the I.P.C. by his order dated 7-7-1987 on examining the Complainant under section 200 Cr. P.C. and issued the process. On appearance of the accused, the Magistrate released him on bail and proceeded to record evidence for trial. The accused demanded for commitment of the case to the Court of Sessions by application dated 21-11-1987. The Magistrate passed the impugned order as follows: