ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner namely, Roshan Lal, who is an accused in case FIR No.18/18 registered at police Station, Sujanpur, District Hamirpur, Himachal Pradesh and facing trial before Gram Panchayat, Chabutra, Tehsil Sujanpur, District Hamirpur, H.P., has approached this Court in the instant proceedings filed under Section 482 of Cr.P.C., with a prayer to transfer the aforesaid trial being faced by him to the Court of learned Judicial Magistrate, 1st Class-IV, Hamirpur, District Hamirpur,H.P., where cross FIR No.19/18, having been filed by him qua the same incident is pending adjudication.

(2.) In nutshell, case of the petitioner is that since two FIR's bearing No.18/18 and 19/18 came to be lodged at Police station, Sujanpur qua one incident, investigating Officer after conclusion of the investigation in both the FIR's ought to have filed challan in both the cases before the learned Judicial Magistrate, 1st Class-IV, Hamirpur, H.P., because offences under Sections 341, 323, 504 and 34 of IPC alleged to have been committed in FIR No.19/18 are only triable by Judicial Magistrate, 1st Class-IV, Hamirpur, H.P.,

(3.) Precisely, the facts as emerge from the record are that the petitioner herein lodged FIR bearing No.19/18 at police Station, Sujanpur on 22.2.2018, alleging therein that on the date of alleged incident, at 2:00 PM, when he driving his scooter bearing No. HP-84-2280 reached near Graud Gatwala, accused Purshotam, his wife Karmi Devi and son Sanjay not only started abusing, but also manhandled him, as a consequence of which, he suffered simple as well as grievous injuries. Police after recording the statement of complainant (petitioner herein) under Section 154 Cr.P.C., registered a case under Sections 341, 323, 504 and 34 of IPC against the accused. On the same day, accused referred hereinabove, also lodged FIR bearing No.18/18 at police Station, Sujanpur, alleging therein that petitioner herein gave beatings to them, as a consequences of which, they suffered simple as well as grievous injuries. In that case, police after recording the statements of the complainant and the victims registered a case under Sections 341, 323, 325, 504 and 34 of IPC against the petitioner herein.