WAZIR SINGH Vs. BABU RAM

JUDGEMENT

(1.) THE petitioners are aggrieved against a summoning order passed by the trial Magistrate who required of them to come and face an enquiry for offences under Sections 341/506 and 323. I. P. C. They have approached this Court under Section 482 of Cri. P. C.

(2.) THE broad facts are these. An offence was allegedly committed and the complainant-party was proceeding towards the police station to lodge a report. The accused-petitioners intercepted them and threatened them that if the matter was reported to the police they would be killed. In the process thereof Wazir Singh petitioner allegedly caused a lathi blow to Swaran Singh, keeping apart the earlier incident the second incident was reported to the police. A case under Sections 341/506/323, I. P. C. was registered and investigated. Finally, the police submitted a report under Sections 169/173 of the Cri. P. C. The learned Magistrate, agreeing with the same discharged the accused on 1-7-1981. On the same day Babu Ram, an eye-witness cited in the aforesaid F. I. R. , filed a complaint for the aforesaid offences.

(3.) THE Magistrate took cognizance of the offences on the complaint and, after recording preliminary evidence, issued a summoning order against the accused-petitioners. The accused-petitioners approached the Court of Session unsuccessfully on the point that, after the discharge of the accused on the police report, no cognizance of the offence could be taken on a complaint. They approa-ached this Court being aggrieved against the aforesaid order. But this Court too did not come to their rescue; for the Magistrate had yet to apply his mind whether to proceed against the accused or not and, in that event, the matter had been sent to another Magistrate for the purpose. The successor Magistrate then passed the impugned order giving rise to this petition.