STATE OF HIMACHAL PRADESH Vs. NAVAL THAKUR

JUDGEMENT

(1.) The State of Himachal Pradesh, approaches this Court, by this petition u/Ss. 397,401 read with S.482 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) for quashing two orders dated 6/06/1986 and Jun 23/06/1986 passed by the Additional Chief Judicial Magistrate, Kullu.

(2.) The facts, in brief, are that Naval Thakur (hereinafter to be referred to as the respondent and the State as petitioner) filed a complaint u/S. 153-A, 295-A, 298, 447, 420 and 409 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Kullu, against S. Buta Singh, Union Home Minister, Govt. of India, and Sh. Vir Bhadra Singh, Chief Minister, Himachal Pradesh on 4-6-1986.

(3.) The Additional Chief Judicial Magistrate, Kullu, to whom this complaint was assigned by the Chief Judicial Magistrate, Kullu, on 4-6-1986 recorded the statement of the respondent u/S. 200 of the Code and on the same day sent copy thereof to the Station House Officer, Police Station, Kullu, for holding an enquiry u/S. 202 of the Code and submit a report on 23-6- 1986. It appears from the record that the Magistrate ultimately decided to hold the enquiry himself u/ S.202 of the Code and ordered summoning of witnesses for 16-7-1986 after taking cognizance.