PREM SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) This petition is under sections 397 and 401, Cr. C. P against the order dated 10 - U -1990 passed by the Chief Judicial Magistrate, Mandi, whereby the petitioner Prem Singh was summoned through bailable warrants in a private complaint under Section 302, I. P. C. filed by the respondent Hardev Singh Prem Singh has prayed for quashing the impugned order dated 20 -12 -1990.

(2.) The brief facts of the case are that on 26 -10 -1990, Hardev Singh filed a complaint under section 302, I. P. C. in the Court of the Chief Judicial Magistrate, Mandi, against Prem Singh. It was alleged in the complaint that on 27 -9 -1990 at 1.30 a. m., one student Ramesh Rana committed self -imcnoation at Gandhi Chowk, Mandi, and received 80% burn injuries. Later on, he succumbed to them. Though the District administration and the police officers fully armed were present on the soot, yet, they did nothing to save Ramesh Rana, This news spread like wild -fire and the people of Mandi town started gathering on the spot, They wanted to meet the Deputy Commissioner to lodge a protest but the Police did not permit them and started pelting stones on them from the side of Mini Secretariat as a result of which the people started running hither and thither. At that time Prem Singh who was in plain clothes was standing near Padaka Chohatta Bazar and fired shots on Ajay Guleria son of Hardev Singh without any warning to him who was standing opposite to Phillips Radios shop. As a result of gun -shot, Ajay Guleria received serious injuries on his head and fell down He was bleeding profusely. Some persons who were around him took him first to a near by private clinic and thereafter to District Hospital, Mandi, where he was declared dead As per the allegations made in the complaint, Prem Singh fired had the shot at the deceased with intention to cause his death and had committed offence under section 302, I. P. C.

(3.) On receipt of the complaint, the following orders were passed by the Chief Judicial Magistrate: - "31 -10 -1990. Present s Shri Hatdev Singh complainant in person. It be registered. For preliminary evidence of the complainant to come up on 28 -11 -1990. 28 -11 -1990 Present s Complainant with Sh. Durga Singh Thakur. 4 PWs in preliminary evidence of the complainant examined and preliminary evidence of the complainant has been closed. For consideration to come up on 10 -12 -1990. 10 -12 -1990 Present: Complainant with Counsel Shri Durga Singh Thakur, V. J. Tiwari and L. R. Sharma. Hence for order on 17 -12 -1990. 17 -12 -1990 Present i Complainant with Counsel Shri Durga Singh Thakur. Steno is on leave today, so adjourned for orders on 20 -12 -1990". These orders were passed before he finally decided to issue the process vide the impugned order dated 20 -12 -1990.