UMA SHANKAR VIDYARTHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision is directed against an order, dated the 19th June, 1973, passed by the Sub-Divisional Magistrate, Barh, taking cognizance against the petitioners under Section 323 of the Indian Penal Code and transferring the case for disposal to a Munsif-Magistrate, First Class. By that very order, the learned Sub-Divisional Magistrate transferred to the same Munsif-Magistrate an application filed before him by petitioner No. 1 for action under Section 476 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the 'Code') against the complainant-opposite party.

(2.) According to the petitioners on the 23rd March, 1973. opposite party No. 2 filed a petition of complaint before the Sub-Divisional Magistrate, alleging therein that, on the 22nd March, 1973, at about 1-30 p. m., he had kept some bamboos for fencing his land which the petitioners started lifting, which led to an altercation between the two parties. Thereafter, it is alleged that petitioner No. 1 assaulted the complainant with a Khanti on his neck and petitioner No. 2 assaulted him with a lathi. The said petition of complaint was put up before Shree Dincsh Prasad Sinha, Magistrate. First Class, Barh, on the 24th March, 1973. who examined the complainant on solemn affirmation and sent the matter for inquiry under Section 202 of the Code to Shree O. P. Singh. Magistrate, First Class, Barh. Shree G. P. Singh, after inquiry, submitted a report, which was placed on the 19th June, 1973, before Shree Sadanand Sinha, Sub-Divisional Magistrate Barh, who passed the impugned order. In the said order, the learned Sub-Divisional Magistrate has observed that he had looked into the inquiry report and, agreeing with the said inquiry report, he was taking cognizance and he transferred the case for disposal to Shree M. M. Verma, Munsif-Magistrate, First Class, for disposal.

(3.) This case Was first listed for hearing before a learned Single Judge of this Court who referred it to a Division Bench, and that is how this case has been placed before us.