K.S. KARAI Vs. THE STATE

JUDGEMENT

(1.) This reference has been made by the learned Sessions Judge, Mahasu upon a revision petition filed under Sec. 435, 436 and 458 of the Code of Criminal Procedure by Shri K.S. Karai who has been charged by the Magistrate First Class, Mahasu with offences under Ss. 353 and 448 of the Indian Penal Code.

(2.) A complaint was filed by one Shri B. Sec. Pathania, Principal of the Panchayat Training Institute, Mashobra, against the Petitioner alleging that he had been assaulted by him and obstructed in the discharge of his duties. It was alleged in the complaint that on November 4, 1968 the complainant entered his office and found the Petitioner sitting there and on being asked by the complainant why he had entered the office without permission the Petitioner complained of urinal pits having been constructed in the premises, and then behaving in an offensive manner he left the office after hitting the complainant in the chest.

(3.) The police registered a case against the Petitioner. During the course of investigation, they came to know that the Petitioner was a representative of the Hotz Hotels Private Limited, which was the lessor of the building in question, and that he was visiting the building on the day in question and when he found that some unauthorised urinal pits had been dug up 1 he raised an objection with the complainant, which resulted in the incident. The police came to the conclusion that there, was no ground for proceeding against the Petitioner, and accordingly on June 13, 1969 they submitted what is described as a "cancellation report" before the Magistrate. The Magistrate, however, made an order to the following effect: