BADRI PRASAD Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition on behalf of Badri Prasad and three others. The police challaned a case on the 31st of October, 1957 under secs. 326 and 325 of the Indian Penal Code against Badri Prasad and two others. The case was initially challaned to the courts of the First Class Magistrate No. 2, but it was transferred to the file of the Magistrate First Class No. 1 Neem-ka-thana. On the 16th of December 1957 a complaint was filed under secs. 307, 326, 323, 148 and 149 of the Indian Penal Code against the accused Sanwal Prasad, who was not one of the accused in the case which was challaned. The Magistrate by his order of the 23rd of December 1957 issued process against Sanwal Prasad also and he amalgamated the case registered on police challan with the case registered on the complaint. The accused went to the court of the Additional Sessions Judge of Sikar without success. They have now come to this Court. It is stated in the memo of revision petition that the two cases, one of police challan and the other of complaint, should have been allowed to go on separately in the court of the Magistrate and in both the cases the procedure prescribed under the Criminal Procedure Code should have been followed.

(2.) THE learned Additional Sessions Judge has dismissed the revision for the reason that the Magistrate followed the procedure prescribed for the trial of a complaint case after he amalgamated the two cases. It was observed that the accused cannot have any grievance when the Magistrate followed the procedure as provided for the trial of a complaint case. THE view taken by the Additional Sessions Judge does not appear to be wrong. THE procedure of the trial of a case instituted on a complaint is more elaborate than the procedure of the trial of cases instituted on a police challan. In view of the fact that the Magistrate has followed a more elaborate procedure, the accused could have no grievance against the order of amalgamation passed by the Magistrate. In this view of the matter, the revision petition fails and is dismissed. .