BHUP SINGH Vs. RAM NARAYAN AND ORS.

JUDGEMENT

(1.) In order to know whether the case should be adjourned for effecting service on respondents No. 1 to 4. I examined record of the case and heard learned counsel for the petitioner. I am of the opinion that respondent No. 1 to 4 are not required to be heard for the reasons mentioned below.

(2.) On petitioner's complaint, which was forwarded to the police/under Sec. 156(3) Cr.PC., the case was registered against 6 persons including 5 respondents. After investigation the police submitted their report under Sec. 173(2) Crimial P.C. against Om Prakash, Dalip, Vijay Singh and Satyaveer offences under Sec. 323, 324, 326 and 307/34 IPC. Ram Narayan and Raju, who had been named in the F.I.R. as accused, were not chargesheeted by the Police. The petitioner filed protest petition where-upon the learned Magistrate, after examining the petitioner under Sec. 200 and his witnesses under Sec. 202 Cr.RC. issued process under Sec. 204 Cr.RC. against Ram Narayan and Raju respondents as well. The order so passed by the learned Magistrate on 18.4.95 was challenged by Ram Narayan and Raju before the Learned Addl. Sessions Judge, who, vide his impugned order dated 22.3.96 set-aside the order of the Magistrate and directed him to conduct further inquiry into the case.

(3.) The main contention of the learned counsel for the petitioner is that since there was prima-facie sufficient evidence on the record of the case to justify the summoning of Ram Narain and Raju as accused in the case, the learned Addl. Sessions Judge should not have up-set the order of the learned Magistrate. On going through the orders rendered by the courts below I am satisfied that the Learned Addl. Sessions Judge has committed no illegality in directing the learned Magistrate to conduct further inquiry in the case. The fact that the Police, after investigation, had submitted a negative report against Ram Narain and Raju and the complainant had produced only restricted evidence in the course of inquiry under Sec. 202 Cr.PC., justified the action of the learned Addl. Sessions Judge in directing the learned Magistrate to conduct further inquiry in the case. Since the impugned order suffer from no illegality or material irregularities, the same need not be disturbed.