ASU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under sec. 482, Cr. P. C. for quashing an order of the Munsiff Magistrate Barmer, dated 7th July, 1975, by which cognizance of offences punishable under secs. 500 and 505, I. P. C. was taken against the applicants on a police challan filed by the S. H. O. Police Station, Barmer, on 31st March, 1975.

(2.) THE relevant facts giving rise to this application under Sec. 482, Cr. P. C. may be stated as follows: - One Pir Chand file a complaint, against the applicants in the court of the Munsiff Magistrate, Barmer, under secs 500 and 505, I. P. C. on 13th March, 1975. THE Munsiff Magistrate did not take cognizance of the aforesaid offences on the complaint filed by Pir Chand. THE complaint, however, was forwarded to the Station House Officer, Barmer, for investigation under sec. 156 (3), Cr. P. C. THE Station House Officer, Barmer, registered a criminal case against the applicants under secs. 500 and 505, I. P. C. on the basis of the facts contained in the complaint tookup usual investigation into it. After thorough investigation into the matter, he submitted a charge-sheet in the court of the Munsiff Magistrate, Barmer, for taking cognizance of the aforesaid offences upon it. It appears that the learned Magistrate perused the charge-sheet and the relevant papers produced along with it and took cognizance of both the offences against the applicants and proceeded to try them. In the course of the trial he came to know that the applicants could not be proceeded against for an offence under sec. 505, I. P. C. for want of sanction to prosecute them and so he charge-sheeted the applicants under Sec. 500, IPC only.