HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the public prosecutor for the State.

(2.) This petition under Sec.482 of the Criminal Procedure Code has been filed by the petitioner against the order dated 13th March, 1991 passed by the learned Munsif and Judicial Magistrate First Class, Rajgarh, District Churu in Criminal Case No. 133/91 State. v. Ishwar. By the aforesaid order the learned Munsif and Judicial Magistrate, on perusal of the record submitted by the police under S. 173 of the Criminal Procedure Code and after going through the documents annexed thereto and hearing the arguments of the parties came to the conclusion that the case of the prosecution did not come within the purview of Ss. 395 and 397 of the Indian Penal Code but prima facie comes under Ss. 147, 148, 149, 341, 323, 325 and 379 was made out. He, therefore, registered the case under Ss. 147, 148, 149, 341, 323, 325 and 397 of the Indian Penal Code. Relevant portion of his order may read as under :

(3.) The aforesaid order was passed on submission of the report under S. 173 in which the police alleged the commission of offences punishable under Ss. 147, 148, 149, 341, 323, 325, 395 and 397 of the Indian Penal Code.