STATE OF HIMACHAL PRADESH Vs. JAGAR SINGH

JUDGEMENT

(1.) This suo motu criminal revision was entertained by this Court after perusing the record of the case on the file of the learned Chief Judicial Magistrate at Nahan, bearing the title Dhian Singh v. Jagir Singh and others, in a criminal case which action was prompted by a report which appeared in the Indian Express dt. Dec. 23, 1987 to the effect that the said Chief Judicial Magistrate had acquitted the accused persons in that case of a very serious offence alleged against them on their taking an oath in a temple to the effect that they had not committed any such offence.

(2.) It transpires from the record of the trial court that one Dhian Singh (hereinafter referred to 'the complainant') filed a criminal complaint against as many as nine accused (respondents herein) under Ss.147, 148, 149, 506, 392, 394 and 109 of the Penal Code wherein the complainant alleged that on July 29, 1986 his son met him in his shop at Ghandri after he came from Delhi and handed over to him a sum of Rs. 18,000/- which amount he (his son) had received from the agents at Delhi as price of potatoes which the complainant and his son had sold to them. Thereafter sometime in the evening round about 6, when he was going home in Kando, after closing his shop at Ghandri with this amount kept in a bag which he was carrying in his hand, he was way-laid by the accused on his way, when they gave him beating and also relieved him of the bag containing the said amount and also his wrist watch. He then went to report the matter at the police station at Renuka but when the police officials over there tried to put him off without recording any report, he went to Nahan and then filed this private complaint in the Court of the Chief Judicial Magistrate at Nahan. The learned Judicial Officer ultimately examined the preliminary evidence produced by the complainant on Aug. 7, 1986 under S.202 of the Cr. P.C. and then sent the complaint for enquiry to the S.H.O. Police Station Renuka. After this enquiry report was made by the said S.H.O., the Judicial Magistrate passed an order on Oct. 27, 1986, which is as follows :- Present : 27-10-86.- The complainant with counsel Shri Jagat Singh Negi Advocate. The report of the S. H. O. considered. Let the remaining complainant's preliminary evidence be produced on 21-11-1986 for further order."

(3.) This evidence was then closed on Nov. 21, 1986 and the case was adjourned to Dec. 1, 1986 on which date the judicial officer passed the following order :- Present : 1-12-86. The complainant with counsel Shri J.S. Negi Advocate. The complainant and his counsel heard. The preliminary evidence adduced by complainant also perused. Prima facie the offence u/s 147 and 392 IPC appears to have been committed by all the accused persons. All the accused persons be summoned under Sec. 147 and 392 IPC for 29-12-86. The copy of complaint and process fee be filed within 2 days."