STATE OF H.P. Vs. OM DUTT

JUDGEMENT

(1.) This revision petition is directed against the order dated 5.12.1996 passed by the learned Additional Chief Judicial Magistrate, Dehra, whereby he has acquitted, the respondents - accused (here -in -after referred to as the accused) in a case under Sections 451, 323/34IPC, in view of direction No. 2(f) given in case Common Cause v. Union of India, 1996 Cri. L.J.2380.

(2.) The facts relevant for the present case are as follows:

(3.) The officer Incharge, Police Station, Jawalamukhi had submitted a charge -sheet against the accused persons under Sections 451 /321/.14 IPC. The accused were ordered to be summoned by the learned trial Magistrate vide order dated 11.3.1993. On 5 12.1996, the case was listed for consideration of charge. It was on this date of hearing that after hearing the parties, the learned trial Magistrate passed the impugned order,