RAJINDER SINGH KONNER Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) ON an application filed by Miss Bimla Devi, proceedings under section 107/150 Criminal Procedure Code, were started in the Court of Executive Magistrate 1st Class, Chandigarh, against Shri Rajinder Singh etc, on the calendar filed by the S H. O. Police Station Central Chandigarh. The learned Executive Magistrate summoned the complainant and after hearing Miss Bimla Devi and her sister Kamla and going through the record ordered the respondents to be summoned for 8th January, 1971. Shri Rajinder Singh, Advocate, who was one of the respondents appeared in the Court on 26th February. 1971 and was ordered to furnish bail bond in the sum of Rs. 4000/ - while the remaining respondents were not served and they were ordered to be resummoned. Shri Rajinder Singh filed a revision petition against the order of the learned Executive Magistrate dated 18th December, 1970 and dated 26th February, 1971 in the Court of the learned Sessions Judge, Chandigarh. The learned Sessions Judge after hearing the parties held that the learned trial Magistrate had not drawn up any order required under section 112, Criminal Procedure Code nor any such orders was communicated to the petitioner and therefore the orders of the learned Magistrate were against the provisions of law and could not be sustained and recommended that those orders be set aside and the Magistrate be directed to proceed according to law.

(2.) IT is evident from the record that the learned trial Magistrate did not comply with the provision of section 112 Criminal Procedure Code in this case. A Magistrate acting under Chapter VIII of the Criminal Procedure Code, has no power to proceed further until he has recorded an order in writing under section 112, Criminal Procedure Code, The purpose of such order is to give sufficient notice to the person against whom an order is made and also about the accusations made against him. Under section 115 Criminal Procedure Code, a copy of the order made under Section 112 Criminal Procedure Code is required to be sent along with the summons. The learned trial Magistrate had not drawn up the notice as required under Section 112, Criminal Procedure Code nor informed the petitioner Shri Rajinder Singh, the substance of the allegations made against him. When he appeared in the Court. Since compliance of Section 112 Criminal Procedure Code, has not been made by the learned Magistrate so the learned Sessions Judge, Chandigarh, has rightly submitted this revision to this Court with the recommendation that the orders dated 18th December 1970, and 26th February 1971 be set aside and the Magistrate be directed to proceed in accordance with law Since this case is at its initial stage, the recommendation of the learned Sessions Judge is accepted and the orders passed by the learned trial Magistrate are set aside and the case is sent back to his Court with the direction that he should proceed with the case in accordance with law.