K.C.Aggrawal, J. - (1.) This revision is directed against an order of the VIII Additional Munsif Magistrate, Saharanpur, Dated 28.5.1983.
(2.) It appears that a complaint was filed by Shobha Nath, the applicant against Achchhu Ram, opposite party No. 1 and several others for the offence under Sections 395/397 Indian Penal Code on 5/12/1981, the Station Officer submitted a final report which was accepted by the MunsifMagistrate, Hardwar on 15/12/1981. On 11/1/1982, Shobha Nath filed a Protest Petition which was treated as a complaint on 16.1.1982 by the magistrate and statements were recorded by him of the complainant and his witnesses under Sections 200 and 202 of the Code of Criminal Procedure.
(3.) On 10.1.1983, the Chief Judicial Magistrate summoned Achchhu Ram, the opposite party No. 1, for the offence under Sections 395/397 Indian Penal Code. The case was, thereafter, received on the file of VIII Additional Munsif-Magistrate for commitment under Section 209 of .the Code of Criminal Procedure to the Sessions Judge. At that stage, an application was made by the opposite party No. 1, Achchhu Ram, for discharge on the ground that an offence under Sections 395/397 Indian Penal Code could not, in law, be committed by a single individual, hence, on the finding of the Chief Judicial Magistrate given on 10/1/1983, the opposite party No. 1 Achchhu Ram was entitled to be discharged.;