LAWS(RAJ)-1982-8-23

RADHEY MOHAN SRIVASTAVA Vs. STATE OF RAJASTHAN

Decided On August 20, 1982
RADHEY MOHAN SRIVASTAVA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) IN both these cases complaints were filed by the police under sec. 182 I. P. C. against Matadeen and under Sec. 182 and 211 I. P. C. against Balbir in the Court of Munsif and Judicial Magistrate, Kishangarh Bas, District Alwar. The learned Magistrate discharged accused Matadeen vide his order dated August 5, 1981 and discharged accused Balbir vide his order dated October 30, 1981 and cancelled the bail bonds given by them,

(2.) BEING aggrieved of the above noted orders, the State Government filed revision petitions challenging the validity of the impugned orders, which came up for decision before learned Additional Sessions Judge, Kishangarh Bas on March 2, 1982 Learned Additional Sessions Judge allowed the revision petitions set aside the orders dated 5-8-1981 and 30-10-81 and remanded the cases to the lower Court for a fresh decision according to law. While deciding the revision petitions, the learned Additional Sessions Judge also made following observations against Munsif and Judicial Magistrate, Kishangarh Bas, Radhey Mohan Srivastava:-

(3.) FOR the reasons given above I have come to the conclusion that the present case is one which falls in the category of exceptional cases and inherent jurisdiction of the Court 1 am of opinion that the remarks mentioned in Hindi between A to B and C to D should be expunged.