BHIMI RAM ETC. Vs. LOHARU RAM

JUDGEMENT

(1.) This criminal revision under Sec. 397 of the Code of Criminal Procedure, 1973 (hereinafter called the Code) is directed against the order, dated 7 -7 -1975, passed by the Chief Judicial Magistrate, Kulu, rejecting an application filed by the present Petitioner before him under the provisions of Sec. 210 of the Code. Sec. 210 reads as under:

(2.) At the instance of Loharu Ram a case under Sec. 302 of the Indian Penal Code for the alleged murders of Parma Nand and Sobha Ram by the Petitioners was registered with the police. The police started the investigation. Thereafter Loharu Ram filed a complaint in the court of the Chief Judicial Magistrate, Kulu, against the Petitioners under Sec. 302/147/149 and 129 I.P.C. in respect of the same offence. The Chief Judicial Magistrate ordered the issue of non -bailable warrants of arrest against the Petitioners for 18 -7 -1975, against which the Petitioners filed a revision petition under Sec. 397 read with Sec. 399 of the Code to quash the proceedings on the ground that the enquiry held by the learned Chief Judicial Magistrate is against the provisions contained in Sec. 210 of the Code. The learned Sessions Judge, however, dismissed the revision petition on the ground that no application had been made under Sec. 210 of the Code either before the Chief Judicial Magistrate or before him and there was no order on the basis of which the revision could be filed. Thereafter the Petitioners submitted an application under Sec. 210 of the Code before the Chief Judicial Magistrate and prayed therein that the proceedings pending on the complaint of respondent No. 1 be stayed till the completion of the investigation by the police. This application was also dismissed on 7 -7 -1975 by the Chief Judicial Magistrate on the ground that it had not been properly presented. Hence the Petitioners filed the present petition.

(3.) The order of the Magistrate which is impugned by this revision petition is as under: