FATTA Vs. STATE

JUDGEMENT

(1.) THIS case was referred to a larger. Bench in pursuance o? my order dated March 18, 1963 and the question which arises for determination is whether the trial Magistrate could pass an order for summoning the petitioners as accused persona even though the police challaned some other persons and not the petitioners.

(2.) THE facts of the case are given in my referring order and are briefly as follows: --

(3.) HARBHAJ made a report at police station Butana on December 10, 1961 that he and his son Dila Ram had been attacked by six persons, Fatta, Babu, Mulla, Hardeva, Risala and Ran Singh, while Harbhaj and his son were on the way to the police station as a result of which they received a number of injuries some of which were grievous. The police after investigation challaned Hardeva, Risala and Ran Singh under Sections 325 and 324 read with Section 34 of the Indian Penal Code. Fatta, Babu and Mulla, who are all brothers, were not challaned and their names were mentioned in column No. 2 of the challan. The Magistrate 1st Class Karnal, in whose Court the challan had been filed, recorded the statements of Harbhaj (P. W. 1) and his son Dila Ram (P. W. 2) and they both supported the allegation that they had been attacked and given injuries by the six assailants including Fatta, Babu and Mulla petitioners. Daulat Ram (P. W. 3) and Jaimal Singh (P. W. 4) were also examined as eye-witnesses and they corroborated the evidence of Harbhaj and Dila Ram. Dr. Madan Lal Malhotra (P. W. 5) deposed with regard to the presence of eight injuries on the person of Harbhaj and one injury on the person of Dila Ram when he examined them on December, 9, 1961. An application was then filed by Harbhaj before the learned Magistrate that Fatta, Babu and Mulla had also joined in the assault and they too should be proceeded against along with Hardeva, Risala and Ran Singh. The learned Magistrate, after hearing the counsel for the parties, passed an order on June 25, 1962 to the effect that Fatta, Babu and Mulla be summoned as accused persons to stand trial along with other three accused for causing injuries to Harbhaj and Dila Ram. Revision petition against the aforesaid order was dismissed by learned Additional Sessions Judge, Karnal. Fatta, Babu and Mulla thereupon came up in revision to this Court.