KANSHI RAM Vs. MORNI

JUDGEMENT

(1.) ORDER :- This revision is directed against the order passed by the Judicial Magistrate Ist Class, Billawar on 22-11-1996 (Annexure-P6), whereby the application of the petitioners for dropping the proceedings initiated against them while taking cognizance on the complaint of the respondent under Section 452, 149, 325, 147 and 148, RPC was dismissed by the trial Magistrate.

(2.) Present case purely hinges around a legal proposition as to how the Magistrate has to act when a complaint is filed before him and the same is forwarded under Section 156 (3) of the Code of Criminal Procedure to the police, and thereafter on the same facts a complaint is filed and after having recorded the preliminary evidence trial Magistrate issues process, when it also relates to the facts which are subject-matter of the complaint forwarded to the police calling for its report.

(3.) In order to properly appreciate the respective submissions brief facts need to be noticed. Parties are not at variance that initially a complaint came to be filed by the respondent against as many as 17 persons under Section 147/148/149/325/452, RPC regarding the occurrence of Sunday dated 27-8-1995 at 7:30 AM. A copy of this complaint which is at page 9 of the trial Court file shows that it was endorsed to the police with the following order :