CHHOGA LAL Vs. RANVEER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated January 20,1992, passed by the Munsif and Judicial Magistrate, Abu Road, by which the learned Magistrate allowed the application of the accused and quashed the proceedings and discharged the accused.

(2.) ON December 6,1989, one Chhoga Lal was struck down by the motor-cycle, which was driven by the accused Ranveer Singh. The report of the incident was lodged at Police Station, Abu Road, and a case under Sections 279 and 337 I. P. C. was registered against the accused. The police, after necessary investigation, presented the challan against the accused Ranveer Singh in the Court of the Munsif and Judicial Magistrate, First Class, Abu Road, on December 17, 1989. Charges under sections 279 and 337 I. P. C. were framed against the accused and the accused pleaded guilty and, therefore, the learned Munsif and Judicial Magistrate convicted the accused for the offences under Sections 279 and 337 I. P. C. , but gave him the benefit of probation. The injured was referred for further medical treatment to the General Hospital, Ahmedabad where the injury sustained by him was found a grievious one and X-ray was taken and on the basis of the X-ray report, which was not produced alongwith the earlier challan, the matter was again investigated and additional challan against accused Ranveer Singh was filed in the Court of the Munsif and Judicial Magistrate, Abu Road, for the offences under Sections 338 I. P. C. and Sections 132 and 134/187 of the Motor Vehicles Act, by the police. The accused preferred an application under Section 300 (4) Cr. P. C. alleging therein that on the same allegations he was tried by the learned Munsif and Judicial Magistrate and was convicted in Criminal Case No. 1973 of 1989, and he cannot be treid again for the same offences. This application was opposed by the learned Assistant Public Prosecutor and the learned Magistrate, by its order dafed January 20,1992, allowed the application under Section 300 Cr. P. C, filed by the petitioner (ac-cused) and discharged the accused.