CHAITAN Vs. STATE

JUDGEMENT

(1.) THIS reference has been made by the Sessions Juige, Ganganagar, who has recommended that the proceedings pending in the Court of the Extra Magistrate, First Class, Ganganagar, against Chaitan Jat of village Ghamurwalli, Tehsil Padampur, District Ganganagar, be quashed.

(2.) IT appears that Chaitan Jat had made (1) a petition to the Prime Minister of the former Bikaner State on the 10th of March, 1949, and another petition to the Prime Minister of Rajas-than on the 6th of June, 1949, complaining against (1) Sheokaran and (2) Khema constables of the local police. The petitions were sent to the police for investigation. The sub-Inspector of police who made the enquiry found the petitions baseless. Thereupon, the Deputy Inspector General of Police, Rajasthan, Range Bikaner, ordered on the 22nd of November, 1949, that Chaitan be put on his trial for an offence under s. 211 of the Penal Code. Consequently, a complaint was filed by the sub-Inspector of Police against Chaitan in the Court of the Sub-Divisional Magistrate, Karanpur, who sent it to the Extra Magistrate, First Class, Ganganagar, for trial. On the 20th of January, 1950, the Prosecuting sub-Inspector of Police moved the latter Court that the complaint be considered to be one under s. 182 of the Penal Code instead of under s. 211. The Magistrate acceded to the request. The accused, when he appeared before the Court, raised certain legal objections regarding the maintainability of the complaint and the jurisdiction of the Magistrate. The objections were, however, rejected. Chaitan, thereupon, went up in revision to the Sessions Court, Ganganagar, and the learned Sessions Judge has made this reference.