GAJRAJ SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal revision from an order dated the 20 of December, 1924, contained in the judgment in a case against the opposite party, directing that a case against the present applicants be started under Secs.147 and 323 of the Indian Penal Code to be tried by a Deputy Magistrate.

(2.) The police challaned the members of the opposite party under Secs.147 and 325 of the Indian Penal Code. A cross-complaint was filed by the accused persons in that case against the complainants under Secs.147 and 323. A police report on this complaint was called for and after the accused in the case challaned by the police had been convicted, the learned Magistrate dismissed the complaint of these accused persons against the complainants under Section 203 of the Criminal P. C..

(3.) The accused parsons appealed to the learned Sessions Judge who, upholding their convictions, dismissed their appeals. He felt inclined to hold that there was a free fight between both parties and neither could have claimed a right of private defence. That finding of course is in no way binding on the party consisting of the complainants, nevertheless it was open to the learned Judge to order that further enquiry should be made into the complaint which had been dismissed under Section 203 of the Criminal P. C.. The learned Advocate for the applicants contends that this order is improper because it was passed without any notice to his clients and his contention is that no further enquiry should have been ordered without first giving an opportunity to the applicants to show cause.