SAHDEO Vs. SARJOO

JUDGEMENT

(1.) This is an application asking this Court to revise an order passed by a Magistrate of the First Class at Allahabad. The complaint before the Magistrate was a complaint of an offence under Section 302 of the Indian Penal Code. That of course was a case triable by the Court of Session only. The Magistrate dismissed the complaint. I am asked to direct a further enquiry. I find on turning to the judgment of Mr. Bisheshar Nath, Magistrate of the First Clasp, dated the 14th July 1919, that he is of opinion that "there can be no doubt that the man was murdered and probably one or all of the accused are directly or indirectly involved in it That an attempt of the deceased s brother to fabricate evidence with the help of the head Moharrir has spoilt the whole case." This was most certainly a case in which the learned Magistrate should never have passed an order of discharge. It is evident from what he has written that there was a prima facie case, and that case triable by the Court of Session only. This Court has often pointed out to learned Magistrates that they should not dispose of a case, triable by the Court of Session only, when there is a prima facie case before them. The remarks made by the learned Magistrate are: I do not feel justified in wasting the time of the Court of Session by sending up a case which was useless to stand upon.

(2.) Whatever they may mean, I direct further enquiry to be made into the case and when the further enquiry is complete, the case be committed for trial to the Court of Session under a charge declaring that the accused is charged with an offence under Section 302 of the Indian Penal Code. It will be for the Court of Session to decide the case.

(3.) Let the record be returned.