SIRAJ MIAN Vs. GANGA RAM MANDAL

JUDGEMENT

(1.) This is an application for quashing that part of the order dated 27th February, 1973, passed by Shri A.P. Sinhia Munsif-Magistrate, 1st class, Sahebganj, saying in effect that the procedure prescribed under Chapter XVIII of the Code of Criminal Procedure, 1898 (hereinafter referred to as 'the Code') would be followed in the case proceeding against the petitioners on a complaint filed by Ganga Ram Mandal, the opposite party.

(2.) The allegations in the petition of complaint were substantially these : That on 16-9-1972, the petitioners armed with deadly weapons, looted paddy crop grown by the complainant over 4 bighas of his land and, similarly, they looted the paddy grown by the complainant over an area of 18 bighas on 2-10-1972. The complainant was examined on solemn affirmation in which he reiterated the said allegations and thereafter the Sub-divisional Magistrate took cognizance of an offence under Section 379, Indian Penal Code, and transferred the case to the court of the Munsif-Magistrate for disposal. Before the latter Magistrate, certain documents were filed and a prayer for cancellation of bail of the petitioners was also made. While the Magistrate refused to cancel the bail bonds of the petitioners, he proposed to follow the procedure as laid down under Chapter XVIII of the Code.

(3.) The grievance of the petitioners is that there was no ingredient of an offence under Section 395 of the Indian Penal Code, for which the procedure under Chapter XVIII of the Code could be followed, and therefore, the Magistrate committed an error in exercise of his jurisdiction in ordering that the procedure prescribed under Chapter XVIII would be followed in this case.