RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both these petitions involve a common question of law, therefore, they are disposed of by this common order.

(2.) BY both these petitions, the order passed by the Chief Judicial Magistrate, Sirohi dated 9. 9. 1987 has been challenged by the petitioners whereby the learned Chief Judicial Magistrate has taken cognizance against the accused Ramlal, Pukhraj, Kering, Mangilal, Tejaram, Surajmal Manroopji, Bagaram, Ramnarain and Amritlal under Section 3 (b) and 7 (d) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as 'the Act'), on police challan.

(3.) IN Pramatha Nath Talukdar's case (1) their Lordships of the Supreme Court while dealing with the scope and power of the Magistrate under Section 202 Cr. P. C. observed that the Magistrate should issue the process on the basis of the material and he must apply his mind. That is not the case here. Here, a regular challan has been filed by the police and on the basis of that challan and the statements recorded by the police under Section 161 Cr. P. C. the process was issued.