ABDUL GANI Vs. NOOR HASAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) By this petition filed under Section 482 of Criminal Procedure Code, the petitioners have challenged the order dated 27th July, 1996 passed by the Addl. Chief Judicial Magistrate, Makarana in Criminal Case No. 234/91, Noor Hasan v. Abdul Gani. By the aforesaid order dated 27th July, 1996, the Addl. Chief Judicial Magistrate, Makarana, after hearing the counsel for both the parties found sufficient grounds to proceed against the petitioners in respect of offences punishable under Sections 147 and 323 read with 149 of Indian Penal Code and fixed 12th September, 1996 for appearance of accused persons.

(3.) The grounds on which the order dated 27th July, 1996 has been challenged are (1) That the Addl. Chief Judicial Magistrate has not complied with the provisions of Section 210 of the Criminal Procedure Code. (2) That there are no sufficient grounds to proceed against the petitioners in respect of offences under Sections 147 and 323 read with 149 of Indian Penal Code and therefore, the order dated 27th July, 1996 is without jurisdiction (3) That the Addl. Chief Judicial Magistrate has not complied with the directions given by this Court on 25th October, 1994 and (4) That according to the judgment given by the Hon'ble Supreme Court in Common Cause, A registered Society v. Union of India, 1996 Cr. Jr. 2380 : (AIR 1996 SC 1619) the case against the petitioners cannot proceed as the offences for which the accused persons were proceeded are punishable with imprisonment not exceeding three years and the case against the petitioners has been pending for the last two years.