- (1.)THIS is a revision by the accused against the order of the Additional District Magistrate (Judicial) Bareilly dated 31st July, 1964 passed in a criminal revision filed by the complainant before him.
(2.)BRIEFLY stated the facts of the case are that a charge-sheet dated 10-8-63 submitted by the Police under Section 332 I. P. C. against the accused was received in the court of the Judicial Magistrate (City) Bareilly on 24-4-64, which was duly recorded in the order sheet, The Magistrate registered the case. However, before he could issue summons of warrant, the accused made their appearance in court on that very date. They were accordingly supplied copies of the documents referred to in Section 173 Cr. P. C. The Magistrate then fixed 5-5-64 for the statement of the accused and framing of the charge.
(3.)ON 5-5-64 the Magistrate, after hearing the parties, came to the conclusion that at the time of the occurrence the complainant was not engaged in the discharge of his public duties and as such no case under Section 332 I. P. C. was made out. He further found that an offence under Section 323 I. P. C simpliciter prima facie existed against the accused. Therefore, by his order of that date the Magistrate directed the case to be sent to the Nyaya Panchayat concerned, inasmuch as this offence was exclusively triable by the Nyaya Panchayat.