HARDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Perused the order dated 8 -2 -1983 passed by Shri R. H. Ajwani Sessions Judge, Sikar, in Criminal Revision Petition No. 48/82 by which he set aside the order dated 8 -3 -1982 passed by the learned Judicial Magistrate, Fatehpur in Criminal case Hardayal v. Babulal and Ors.

(2.) LEARNED Judicial Magistrate vide his order dated 8th March, 1982 took cognizance against the accused Babu Lal and others. He directed that the summons be issued. Revision petition was preferred against the said order which was accepted by the learned Sessions Judge.

(3.) HE has also relied upon the case reported in : 1982CriLJ629a . Their Lordships of the Supreme Court have held that the Magistrate should ordinarily issue the summons if he finds prima facie case. If eventually the learned Magistrate comes to the conclusion that no offence is made out, he may discharge the accused or acquit the accused. Their Lordships further set aside the judgment and held that the order issuing summons should not be disturbed.