SHEORAJ Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision by Sheoraj and twelve others against an order passed by the learned District Magistrate of Banda upon an application in revision made to him by the opposite party Bhagwan Din who had made a complaint against the applicants charging them with an offence under Sections 504, 506, 426, Indian Penal Code, and Section 24, Cattle Trespass Act.

(2.) The complaint was filed on 15-9-1945. The allegations in the complaint were that on a certain date when the complainant proceeded to one of his fields he found that a large number of cattle belonging to the first four applicants were grazing his crop and, when he rounded up the cattle and was taking them to the cattle pound the four applicants with the assistance of the remaining nine applicants forcibly rescued the cattle. At the end of complaint a sentence was added to the following effect : "The accused persons 1 to 4 were abusing the complainant and also threatening him".

(3.) It is evident that so far as the principal part of the complaint is concerned it disclosed only an offence under Section 426, Indian Penal Code, and Section 24, Cattle Trespass Act. It was apparently only by virtue of the last sentence in the complaint, to which reference has been made above, that the complainant sought to introduce SS.504 and 506, Indian Penal Code, into the case. It is however notice able that even at that stage no allegation amounting to a charge under those sections was made against any applicant excepting the first four. The Sub-Divisional Magistrate before whom the complaint was filed sent the case for trial to a Bench of special Magistrates and proceedings commenced in that Court on 28-9-1945. On that date the case was registered and it was ordered that the complainant should appear on 9-10-1945 for prosecuting his case. It is not specifically stated in the Urdu order sheet that the complainant was ordered to produce evidence under Section 202, Criminal P.C. in support of his complaint, but from the notice issued to the complainant which is on the record it is clear that the complainant was asked to appear on 9-10-1945, with his evidence under Section 202, Criminal P.C. The case was taken up on 9-10-1945 and it appears from the Urdu order sheet that some evidence under Section 202 was produced by the complainant and was recorded in due course. Having done so, the Bench Magistrates passed an order that only four of the accused persons, namely the first four applicants in this case, should be summoned to answer a charge under Section 426, Indian Penal Code, and the case was fixed for hearing on 29-10-1945. This order amounted to a dismissal of the complaint against nine of the accused persons and it further showed that, according to the Bench, no charge under, Secs.504 and 506, Indian Penal Code, had been made out against any accused person. The Bench had obviously full jurisdiction to pass such an order though it was open to revision by a higher Court. No relief against that order was, however, sought by the complainant, Bhagwan Din and the case was taken up in due course on 29-10-1545. On that date it was found that the four accused persons had not been served with the summous issued to them and upon an application made by the complainant the Court proceeded to pass an order that bailable warrants should be issued for the arrest of the four accused persons who were absent. The 13-11-1945 was fixed for the appearance of the accused persons in these circumstances. On that date however the complainant absented himself and the two learned, Magistrates constituting the Bench then proceeded to pass the following order: The complainant is absent and the accused are present. In the absence of the complainant we dismiss the complaint under Section 247, Criminal P.C. and acquit all the accused.