BALESHWAR SINGH Vs. RAMJI SINGH

JUDGEMENT

(1.) The revision petition under Sections 435 and 439 of the Code of Criminal Procedure, 1898, is on behalf of six accused persons in the case in which the opposite party is the complainant. It is directed against the order dated 30-9-1972 passed by Mr. D. N. Singh, Munsif-Magistrate. First Class, Hajipur. Under this order, the Magistrate rejected the prayer of these petitioners for their discharge, and directed the case to be put up on the date fixed for framing charges against them. .

(2.) The facts relevant for the purpose of this application are as follows. The opposite party, on 28-9-1970, filed a written complaint in the Court of the Sub-Divisional Magistrate, Hajipur, making the allegations of theft and assault against these accused persons. On receipt of this complaint, the Sub-Divisional Magistrate examined the complainant on that very day i.e. 28-9-1970, and referred it to another Magistrate for enquiry and report. That report was received in due course in the office of the Sub-Divisional Magistrate and Put up to the Magistrate Mr. S. A. Hassan on 25-11-1970. when he perused it and recorded order, "Report received and perused. Cognizance taken under Section 379. I. P. C. Summon the accused persons. Case transferred to Sri C. S. Singh Magistrate, First Class." There is no difference between the parties that on that day i.e.. 25-11-1970. Mr. Hassan was sitting and transacting the works of sawalkhani for the regular Sub-Divisional Magistrate in latter's absence.

(3.) On receiving the records of this case, the aforesaid transferee Magistrate. Mr. C. S. Singh, registered it in his file on 25-11-1970 and ordered for issue of summons against the accused persons fixing 22-12-1970 for their appearance. Pursuant to those summonses the accused persons appeared in his Court on different dates and were allowed bail on 22-12-1970 and the Magistrate adjourned the case to 17-3-1971 for evidence before charge. On 17-3-1971. complainant's two witnesses (P. Ws. 1 and 2) were examined and discharged on defence declining to cross-examine them before charge. On 17-12-1971, one more witness of the complainant, i.e., P. W. 3, was examined and cross-examined before charge. On 4-2-1972 this case, under the orders of the Sessions Judge was transferred to the file of aforesaid Munsif-Magistrate. Mr. D. N. Singh. In this Court, on 14-9-1972. one more witness was examined for the prosecution, i.e., P. W. 4. His cross-examination was, however, declined by the defence. After this was done, the accused persons put in a petition dated 14-9-1972 requesting the Court to discharge them on the ground stated in it. The Magistrate directed this petition to be put up on 15-9-1972 for being heard. On 20-9-1972 the Magistrate heard both the parties on the point of discharge, as claimed by the accused persons in their petition dated 14-9-1972, and then passed the impugned order dated 30-9-1972, against which this revision is directed.