MUSAMMAT MAKHNI Vs. FARZAND ALI

JUDGEMENT

(1.) The petitioner before me is one Musammat Makhni. Her prayer is that an order passed by the District Magistrate of Mirzapur, whereby he discharged five accused persons before him, persons accused of an offence under Section 330, Indian Penal Code, may be revised, and a further enquiry directed. One of the persons accused is Farzand Ali, who is described as being a petty Zemindar of Mauza Manikpura. The others are persons more or less connected with the Police, and one of them is Abu Muhammad Khan, the Sub-lnspector in charge of Thana Ahraura.

(2.) The charge made against the accused is a serious one, namely, of having beaten Musammat Makhni, causing hurt to her to extort a confession and to compel restoration of property alleged to have been stolen by her. The offence is triable by the Court of Session.

(3.) The District Magistrate held a careful enquiry but came to the conclusion which he thus records in his order: That one or more of the accused ill-treated the woman and that all of them know what happened seems to be not at all improbable : and they are lucky, in view of the unexplained injuries, not to find themselves in the dock of the Sessions Court.