NAGESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application in revision against an order passed by the Addl. Sessions Judge setting aside an order by which the Sub-divisional Judicial Magistrate had started an inquiry under Section 202 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It appears that a complaint petition under Sections, 500, 504 and 352 of the Indian Penal Code was filed by the petitioner against opposite party Nos. 2 and 3 who were respectively, at the relevant time, the Sub-divisional Officer, Khagaria, and an Assistant Sub-Inspector of Police. It was alleged that students, including boys and girls were offering peaceful Satyagrah in the criminal courts on the 12th of April, 1974, when, on the order of opposite party No. 2, they were dragged, chased and assaulted. The sub-divisional Officer is said to have a defamatory statement against the parents of the girl Sathagrayis calling them names. Both the opposite party are said to have used defamatory statements calling names against the member of the Bar Association. There was a large gathering present at the relevant time. This resulted in a meeting of the Bar Association condemning the behaviour of these officers and the decision to file a criminal case. Hence this complaint. The complainant alleged that he and other law years had suffered a loss of respect in the eye of the people as a result of the abusive and defamatory language used by the opposite parties aforesaid and if the complainant and the public at large had not controlled their anger, there would have been a riot.

(3.) The complaint having been filed before the Sub-divisional Judicial Magistrate on the 17th, of April, 1974 he examined the complainant on oath and decided to hold an inquiry under Section 202 of the Code arid directed the complainant to produce his witnesses in court.