LAWS(HPH)-1984-7-4

MOHINDER SINGH Vs. CHANDER MAW

Decided On July 25, 1984
MOHINDER SINGH Appellant
V/S
CHANDER MAW Respondents

JUDGEMENT

(1.) The petitioners herein were summoned to face their trial for the offence under sections 448, 435, 452, 380 read with section-34 of the Indian Penal Code on the basis of a police report filed in the Court of the Chief Judicial Magistrate, Hamirpur. The learned Chief Judicial Magistrate, vide his order dated 24th December, 1980 discharged the petitioner. The order of discharge was passed as according to the learned Chief Judicial Magistrate, the first information report lodged with the police did not disclose the commission of any cognizable offence and the police investigation conducted in pursuance thereto was illegal. The learned Chief Judicial Magistrate further expressed the view that even on the basis of the evidence collected in the course of the investigation, no prima facie case was made out against the petitioners.

(2.) Mst. Chandermani at whose instance the police machinery was set at motion challenged the above mentioned order of discharge recorded by the Chief Judicial Magistrate by filing a revision in the court of the Sessions Judge. The learned Sessions Judge vide his impugned order dated 19th May, 1983 quashed the order of the Chief Judicial Magistrate and remanded the case back to him with the directions to conduct he trial of the petitioners in accordance with taw.

(3.) The petitioners have now approached this Court under section-397 read with sec.-482 Cr. P.C. praying that the order of the Sessions Judge be quashed and that of the Chief Judicial Magistrate be restored.