KASLIWAL, J. - (1.) THIS revision is directed against an order of the learned Chief Judicial Magistrate, Sikar, dated 8th November, 1983, whereby he took cognizance of a case under sections 337, 324 and 323 IPC against the petitioner and one more accused Satyanarain.
(2.) ACCORDING to the incident as mentioned in the FIR, the police had prima facie registered a case under section 307, 323 and 324 IPC and started investigation. During investigation the injured Chhagan Lal was got medically examined and Dr. M. P. Jain, Medical Jurist, Sikar Hospital, Sikar, clinically examined the injuries of Chhagan Lal. Dr. M. P. Jain after examining the injured at 8. 50 p. m on 10th October, 1983, found the following injuries on the body of Chhagan Lal ; - 1. Incised wound 4" x 1/2" x1/4" on opigortic region of abdomen, transverse, bleeding and X. Red Colour. 2. Incised wound 15" x 1/2" x 1/4" extending from Rt. scapular region Rt. rumber region parietal to midline of back (3" away) bleeding XX. Red. 3. Incised wound 7" x 1 \" x \" on Rt. Lumber region of back starting from midline of back to Rt. loin oblique bleeding XXX muscle deep Red. 4. Incised wound 6" x 1/2" x 1/8" on Rt. gluted region, parietal to midline bleeding XXX muscle deep Red. 5. Incised wound f" x \" x 1/8" Oblique in Rt. nud the ace region bleeding Red. 6. Incised wound 1" x \" x \" on Rt. infra scapular region bleeding XX Red Oblique. 7. Incised wound 3 1/2" x 1/2" x 1/2" on top of the left shoulder anter-versely, transversely cutting the deep muscle bleeding XXX Red. In this injury report the Doctor had not given any opinion regarding any injury whether the same was dangerous to life or not. The Station House Officer, Kotwali, Sikar wrote a letter to Dr. M. P. Jain on 29th Oct. 1983 requesting him to give his opinion whether Injury No. 1 inflicted in the stomach of Chhagan Lal was dangerous to life or not. Dr. M. P. Jain on the same letter made the following observations : "returned in original with the remarks that injury No. l was not dangerous to life". Thereafter, the learned Chief Judicial Magistrate considered the matter and without taking any note of the Doctor's opinion, passed an order that cognizance is taken for offences under section 307 IPC against the accused persons and fixed the case on 11th November, 1983 for hearing arguments regarding committal of the case to the Sessions Court. The order of the learned Chief Judicial Magistrate dated 8th November, 1983 shows that he was influenced by the fact that the application for bail submitted by the accused petitioner Rajendra was dismissed by the Sessions Court Sikar. He further observed in this regard that on going through the order of the Sessions Judge dated 3rd November, 1983. dismissing the bail application, the nature of the offence was shown to be very grave. A perusal of the order of the learned Chief Judicial Magistrate does not show a single word as to how he took cognizance under section 307 IPC when the opinion of the Doctor was clear that injury No. 1 was not dangerous to life. He has not mentioned in the order as to which injury was dangerous to life, so as to bring the case within purview of section 307 IPC. It is no doubt correct that the learned Chief Judicial Magistrate has jurisdiction to take a different view from the Doctor and to form his own opinion that any particular injury in his opinion was dangerous to life, but in the present case, the learned Chief Judicial Magistrate has not shown in his order as to on what basis he was considering any of the injuries to be dangerous to life. In view of these circumstances when there was no material for the learned Chief Judicial Magistrate for taking cognizance under section 307 IPC and he has not given any reason for doing so, his order taking cognizance under section 307 IPC cannot be sustained. In view of these circumstances, this petition is allowed, the order of the learned Chief Judicial Magistrate dated 8th November, 1983, taking cognizance under section 307 IPC in case No. 299/1983 is set aside. Learned Chief Judicial Magistrate will now take further proceedings in the case according to law. .;