ARJUN Vs. KESSINGH

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Jhunjhunu in a case under section 107 Cr. P. C. It has been recommended by the learned sessions judge that the order of the S. D. M. Nawalgarh dated 30-6-56 stopping the proceedings of the case under Section 249 Cr. P. C. and releasing the non-applicants Kessingh, bhagtawarsingh, Madansingh and Chatarsingh be set aside.

(2.) PARTIES have not appeared. I have gone through the record of the case and have also perused the judgments of both the lower courts as well as the explanation of the learned Magistrate. I do not think that under the circumstances of this case, learned S. D. M. was entitled to stop the proceedings in this case under Section 249 Cr. P. C. Section 249 applies to a summons case which terminates, either in acquittal or conviction of the accused. This is quite apparent from the phraseology of the said section which runs as follows :

(3.) THE reference is accepted, the order of the learned S. D. M. Nawalgarh dated 30-6-54 stopping the proceedings against the opposite party under Section 249 cr. P. C. is set aside, and the case is remanded to the learned Magistrate for further proceedings in accordance with law and the observations made above.