MAJOR SINGH Vs. STATE

JUDGEMENT

(1.) Heard Mr. H.S.S. Kharlia and the learned Public Prosecutor.

(2.) I have gone through the challan papers. So far as Jaswant Singh and Gurudeo Singh, injured are concerned, they have not named Major Singh in his statement. Jaswant Singh has also not named Hardev Singh alias Deva Singh. Gurmel Singh has also not named Major Singh and Hardev Singh. It is only the Gurnam Singh who has stated that Major Singh, Deva Singh and ten or fifteen other persons were also sitting armed hidden. On the basis of these statements, as they stand, even if un-rebutted, no case is made out against the petitioners and the Munsif and Judicial Magistrate was not correct in taking cognizance against the two petitioners for offences under section 148, 149 and 307 Penal Code and Additional Sessions Judge No. 1 Hanumangarh was also wrong in affirming the cognizance taken by the Munsif and Judicial Magistrate. I, therefore, allow this petition and quash the cognizance taken against the two petitioners for the offences under section 148, 149 and 307 Penal Code by the Munsif and Judicial Magistrate, sangaria by his order dated 8th Oct., 1986 and affirmed by the Addl. sessions Judge No. 1, Hanumangarh.