STATE OF PUNJAB Vs. BALDEV SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the State of Punjab directed against the order passed by the learned Chief Judicial Magistrate, Ropar dated 19.1.1987. The relevant facts are that a case was registered at Police Station Nangal (FIR No. 20 dated 16.3.1986). The Judicial Magistrate, Anandpur Sahib committed the respondents to the Court of Sessions with respect to offence punishable under Sections 304/34 IPC. The learned Sessions Judge, Ropar on 30.7.1986 found that no offence exclusively triable by the Court of Sessions was made out against the respondents. Accordingly, under Section 228 of the Code of Criminal Procedure, the Sessions Judge remitted the case to be proceeded and tried in accordance with law.

(2.) THE learned Chief Judicial Magistrate, Ropar held that a case only under Section 323 IPC would be made on account of the two injuries on the leg of Kewal Kishan. It is a non-cognizable offence. The police could not investigate the same without the permission of the Judicial Magistrate. The investigation, therefore, was vitiated because it was conducted without the necessary permission. Accordingly, the learned trial court dropped the proceedings permitting the complainant, if so advised to file a criminal complaint. Aggrieved by the same, the present revision petition has been filed by the State of Punjab.

(3.) ON behalf of the State it was alleged that the learned Judicial Magistrate was not justified in dropping the proceedings merely because it was found that the offence punishable under Section 323 IPC which is a non- cognizable offence was drawn.