SURAJ KAUR Vs. STATE

JUDGEMENT

(1.) SMT. Suraj Kaur made a report to the police under Section 325, Indian Penal Code, against Jaswant Singh and five others. The police, however, challaned only Jaswant Singh. The allegation of Smt. Suraj Kaur was that Jaswant Singh had broken her tooth by giving a jelly blow. She was supported by Smt. Bhani, Smt. Lado, Smt. Devi ant Gordhan in this respect. In cross-examination, however, Smt. Suraj Kaur admitted that she had herself broken her tooth and on that basis Shri K. N. Mehra, Magistrate 1st Class, Delhi, acquitted Jaswant: Singh by his order dated 31. 7. 1958.

(2.) ON 18. 10. 1958 Jaswant Singh filed an application under Section 470 of the Code of Criminal Procedure in the Court of the said Magistrate against Smt. Suraj Kaur and her four witnesses mentioned above, praying that a complaint under Sections 211/109 and 193/195, Indian Penal Code, be lodged in a Court of competent jurisdiction.

(3.) THIS application, was disposed of by Shri P. C. Bhatia, Magistrate 1st Class, successor of the aforesaid Magistrate, who by his order dated 23. 9. 1959 directed that a complaint under Sections 193/211, Indian Penal Code, be made against Smt. Suraj Kaur and under Section 193, Indian Penal Code, against the four witnesses mentioned above. Thereupon Smt. Suraj Kaur and the abovementioned four persons filed a revision before the learned Additional Sessions Judge, who has recommended that the order dated 23. 9. 1959 of Shri P. C. Bhatia, Magistrate 1st Class, be set aside. The reasons given by the learned Additional Sessions Judge are: (1) That the learned Magistrate had no jurisdiction to entertain the application under Section 476, Criminal Procedure Code, because the provisions of this section stood repealed by implication by the provisions of Section 479-A, Criminal Procedure Code and reliance for this was placed On Parshottam Lal v. Madan Lal, AIR 1959 Pandh 145, 1959 Crilj 511 and Jai Bir Singh v Malkhan Singh, AIR 1958 All 364, 1958 Crilj 591 : and (2) that the order in question was not in conformity with the provisions of Section 479-A of the Code of Criminal Procedure because Shri K. N. Mehra, Magistrate 1st Class, did not make such an order at the time of the delivery of judgment on 31. 7. 1958.