GAURISHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order, dated July 16, 1979, passed by the Judicial Magistrate 1st Class,no. 2, Sri Ganganagar whereby the Judicial Magistrate has directed that charges under Sections 365 and 342, I. P. C. be framed against the three petitioners.

(2.) THE petitioners and respondent No. 2, Banwarilal are real brothers. THEre is a dispute amongst them with regard to partition of the joint property and a case is pending in the court of District Judge, Sri Ganganagar. On August 20, 1977, Smt. Savitri Devi, wife of Banwarilal submitted a report before the Superintendent of Police, Sri Ganganagar, wherein it was stated that on August 10, 1977, the petitioners came to her house in Car No. P. N. O. 3199 and that they took away her husband and that he was not traceable for the last eleven days THE said report was forwarded to Police Station Kotwali, Sri, Ganganagar, and on the basis of the aforesaid report, a case under section 365 I. P. C. was registered. After investigation,the police submitted a Final Report on October 23, 1977. In the meanwhile, on October 12, 1977 Banwari-Lal filed a complaint under Sections 365, 420, 147, 506 and 467 I. P. C. before the Chief Judicial Magistrate, Sri Ganganagar against the petitioners and one Bahadur Singh. By his order, dated May 15, 1978, the Chief Judicial Magistrate has taken cognizance of the offences under Sections 365 and 342, I. P. C. as against the petitioners. THEreafter the case was transferred to the court of Judicial Magistrate, 1st Class, No. 2 Sri Ganganagar. Before the Judicial Magistrate it was submitted on behalf of the petitioners that no offence under Sections 342 and 365 is disclosed on the basis of the material on record and, therefore no charge in respect of the aforesaid offences could be framed. THE said contention was rejected by the Judicial Magistrate by his order dated July 16, 1979. THE Judicial Magistrate after taking into consideration the report dated 20th August, 1977 submitted by Smt. Savitri Devi, as well as the statements of Smt. Savitri Devi, Dr. Surendra Kumar, Madanlal, Gopiram, Khushi Ram and Banwarilal recorded under Section 161, Cr. P. C. , has held that there was prima facie evidence to make out a case under sections 365 and 342. I. P. C. against the petitioners. THE Judicial Magistrate, therefore, directed that charges under sections 365 and 342, I. P. C, should be framed against the petitioners. Being aggrieved by the aforesaid order dated July 16, 1979 the petitioners have filed this revision petition.

(3.) THE statements of Dr. Surendra Kumar, Gopi Ram, Madan Lal and Khushi Ram which were also recorded on April 22, 1977, are also to the same effect.