BANSI LAL Vs. ABARAR HUSSAIN & ORS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned counsel for the non-petitioners no. 1 to 3 and the learned Public Prosecutor for non-petitioner no. 4.

(2.) It appears that the petitioner fded a compliant against the non-petitioners no. to 3 alleging the commission of offence under Secs. 323 and 504 IPC. After conducting inquiry under Secs. 200 and 202 Cr. P.C., the learned Additional Chief Judicial Magistrate No. 2, Jodhpur directed the issue of bailable warrants against the non-petitioners no. 1, 2 and 3 vide order dated 30th November, 1997. The warrants of arrest could not be executed for a long time. On 27th July, 1996, Shri O.P. Saini, Advocate appeared on behalf of the non-petitioners no. 1, 2 and 3 and filed his power of attorney. On the application moved on behalf of the accused persons, the file was put up for hearing. After bearing the arguments, the learned Additional Chief Judicial Magistrate No. 2, Jodhpur dropped the proceedings with the observation that the offences punishable under Secs. 323 and 504 IPC were bailable and non-cognizable and the accused were being summoned for more than two years, and therefore, the proceedings deserve to be dropped in view of the judgment of the Hon'ble Supreme Court.

(3.) Feeling aggrieved by the aforesaid order dated 27th July, 1996, the petitioner has filed this petition.