STATE Vs. USMAN GANI

JUDGEMENT

(1.) THIS is a reference made by the learned uistrict Magistrate, Bikaner, recommending that the order discharge recorded in favour of the accused on 29-5-62 Dy the Additional Munsitt-Magistrate, First class, Bikaner may. be quashed and a direction be issued that the trial of the accused may proceed after the framing of a charge Under Sections 332/353, Indian Penal Code.

(2.) KANHAIYAIAI complainant is a senior teacher in the Sadul Multi-Purpose Higher Secondary school, Bikaner. Accused Usman Griani was a student of 10th Class in 1962 in trial school. On 12th May, 1962 when the result of the Annual Examination was to be announced the accuse is alleged to have gone to the complainant and threatened him that if the accused failed in Hindi which was his subject then no would be given a beating and he wouiu. not reach his home safely. The result was announced that very day at 5 P. M. and the accused was declared as. an unsuccessful candidate at the examination, when the complainant Kanhaiyaiai left the school premises for not home, it is said that he was caught by the accused and on other person and that he was given a beating With sticks Dy both of them. A report of the occurrence was lodged by the Head Master to the police station and after investigation a challan Under Section 332/353 I. P. C. against the accused was submitted in the Court of the Sub-ufvlsionai Magistrate, Bikaner City. Owing to the partial separation of the Judiciary from the executive the case was eventually transferred to the file of the Additional Munsitt-Magistrate nrsi Class, Bikaner, who by his order dated 26th of September, 1952, discharged the accused of offences Under Section mm 353, Indian Penal Code, and ordered that the trial Under Section 323, Indian Penal Code may start. It is against: this order of the learned Additional Munsiu-Magistrate First Class Bikaner that a revision -was preferred By their complainant In the Court of the District Magistrate, Bikaner, who, after giving hearing to both the parties, has made me present reference.

(3.) THE learned1 Deputy Government Advocate has supported the reference and it has been opposed by Mr. Ahmed Bux on behalf of Usman Griani.