JOGESHAR SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) A report was made by Jogeshar Singh applicant in police station Kharar against six persons, namely. Gurdev Singh, Jasmer Singh, Harchand Singh, Naib Singh, Kulwant Singh and Lambardar Bachan Singh that they had committed an offence under section 325 read with section 34, Indian Penal Code in causing grievous hurt to Jogeshar Singh applicant and one Raghbir Singh. After investigation the police sent up for trial the first four persons named above, but in the report under section 173 of the Code, of Criminal Procedure it was stated that Kulwant Singh and Lambardar Bachan Singh were not arrested, and in fact these two persons were not sent up for trial.

(2.) The case came up for trial before a Magistrate of the First Class at Chandigarh, who after taking statements of Iwo witnesses, came to the conclusion that Kulwant Singh and Lambardar Bachan Singh should also be prosecuted. It appears that he issued bailable warrants against these two persons. At the same time be forwarded the case to the Additional District Magistrate of Ambala for transfer of the case to some other Court of competent jurisdiction. The case was transferred to the Court of the Magistrate of the Second Class at Kharar.

(3.) When the case came up for trial before the latter Magistrate, he appears to have proceeded according to Section 251A of the Code of Criminal Procedure in so far as Kulwant Singh and labardar Bachan Singh were concerned. He examined the police diary and the police file and after hearing the parties came to the conclusion that these two persons no hand in the fight. He, therefore, discharged them by his order of May 2, 1956. It appears that the order discharging these two persons is under sub-section (2) of Section 251-A of the Code of Criminal Procedure.