BANARSI DASS Vs. MOHAN LAL

JUDGEMENT

(1.) This is a petition for revision against the order of Shri H. P. Singh Mahal, Judicial Magistrate Ist Class, Jalandhar whereby he chose to proceed against the petitioners under Ss. 250 and 344, Cr. P.C., as also under S. 193, Penal Code.

(2.) At the outset, an objection has been raised by the learned counsel for the respondents that the order sought to be revised being interlocutory cannot be revised. As would be apparent from the discussion hereafter, neither is the order interlocutory nor is it such an order which would not require interference by this Court, be it under S. 401 or 482, Cr. P.C. The objection thus be taken to be overruled.

(3.) The undisputed facts are that on the basis of a first information report lodged by Banarsi Dass petitioner, three persons i.e. Mohan Lal, Ashok Kumar and Smt. Kailash Wati were sent up to stand trial under Ss. 406/417/420 and 175, Penal Code. Shri N. S. Saini, Judicial Magistrate 1st Class, Jalandhar vide order dated 27-3-1982 acquitted the accused. He adversely commented on the role of the four material witnesses who supported the prosecution. Those were Raj Rani P.W. 1, Banarsi Dass P.W. 2, Sohan Lal P.W. 3 and Raj Pal P.W. 4. The learned Magistrate referring to them observed in his order of acquittal as follows : -