MST NARBADA Vs. MOHAMMAD HANIF

JUDGEMENT

(1.) THIS order will deal with a reference made by the Additional Sessions Judge, Dausa, purporting to have done so, under Section 395 (2) of the Criminal P. C. 1973.

(2.) THE facts material for disposal of this reference may be shortly stated here. On December 25, 1980, one Mohamad Hanif gave information to the officer in charge of the police station, Dausa, alleging that he was in occupation of a shop as a tenant of accused Nar Singh Prasad, that he had locked the shop on December 24, evening, after the day's business was over, and that when he returned to it on December 25, morning, he found that his wares were lying outside the shop and it had been bolted from inside. Nar Singh Prasad, Ganga Sahai, father of Narsingh Prasad and Narbada Devi, wife of Narsingh Prasad, the three accused persons, began to throw stones from upstairs. One Shiv Kumar, a shopkeeper in the neighbourhood, sustained an injury with one of the stones hitting him. Mohd. Hanif further alleged that the accused had effected entry into his shop by making a hole through its rear wall which divides it from the shop of the accused.

(3.) THE police registered a case (F. I. R. No. 272 of 1980) under Sections 323, 336 and 456 I. P. C. On investigation, the police filed a charge-sheet against all the three accused. The Judicial Magistrate first class, Dausa took cognizance of the offences punishable under Sections 323, 336 and 456 I. P. C. against all the three accused. The case is still pending trial in his court.