GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE application tinder Section 482 Cr. PG has arisen in the following circumstances.

(2.) ONE Inder filed a complaint on February 24, 1976 making an accusation that Gordhan Singh, who will hereinafte b(sic) referred to as the petitioner, had committed rape on his wife Kirandevi, and that one Gioraj had commuted an offence against her punishable under Section 323 and 504 IPC. Toe learned Magistrate forwarded the said complaint to the officer in charge of Police Station Bayana under Section 156(3) Cr. PC for investigation.

(3.) IT appears that the accused persona remained absconding during the investigation. Hiralal, the Investigating Officer, made an application to the Judicial Magistrate First Glass Bayana for taking proceedings under Section 82 and 83 Cr. PC to compel the appearance of the accused. On May 7, 1976, the learned Magistrate allowed the application and directed the issue of necessary proclamation under Section 82 Cr. PC. The proceedings under Section 82 and 83 Cr. PC remained pending before the learned Magistrate for a long time. On May 23, 1977, the learned Magistrate passed an order as a step in aid of the proceedings under Sections 82 and 83 Cr. PC directing the production of the case diary before him. Earlier on May 19, 1977, the complainant Inder made an application to the learned Magistrate which is described as a protest petition for issue of process against the accused persons. The case diary was received by the learned Magistrate from the police on May 31, 1977. He passed an order of even date directing the parties' counsel to adress arguments in the case.