RAJENDRA PRASAD Vs. STATE OF RAJ.

JUDGEMENT

(1.) This is an application under section 482 Cr. P. C, filed by the petitioner challenging the observations and finding arrived at by the learned Judicial Magistrate, First Class, Hindaun City in the order dated 21st Dec., 1988 passed in Criminal Case No. 258/79, State Vs. Radhey Shyam and others .

(2.) It is contended by the learned counsel for the petitioner that accused-petitioner was neither named in the first information report nor was made an accused in the case after investigation nor he was before the Court at any stage in any capacity whatsoever yet the Court recorded a finding that he is accused of the offence under Sec. 147 and 341 Penal Code along with other accused persons. Learned counsel submits that such a finding is not only against the provisions of the Code of Criminal Procedure but is also contrary to the Principles of natural justice. A person who has not been arrayed as accused and has not been given an opportunity to defend himself, it is submitted, cannot be adjudicated to be a guilty person. It is further submitted that the petitioner has approached this court because according to him, he was hardly 11 or 12 years of age at the time of hearing and is a first class student throughout. His name has subsequently been taken by the complainant party to harm his reputation and to see that his career is spoiled. It is also submitted that learned Magistrate, without the petitioner being a party, made the observations against him that he had committed the offence.

(3.) Learned Public Prosecutor does not controvert the facts as argued.