GOPAL KRISHNA SHARMA, J. - (1.) THIS miscellaneous petition under Section 482, Cr. PC has been preferred against the order of Munsif and Judicial Magistrate, Kama, by which he took cognizance against the petitioners under Sections 147, 323, 324, 341 and 504 read with section 149, IPC.
(2.) RADHEY Shyam lodged a written report against. 22 persons at the Police Station, Kama and the case under Sections 147, 323, 324 and 379, IPC was registered The First Information Report number is 145/86. The police investigated the matter and submitted challan against 13 persons only. The present petitioners were named in the First Information Report but the Police did not find any case even prima facie against these petitioners and hence no challan was submitted. The learned Magistrate after seeing the challan papers took cognizance against these petitioners and aggrieved by that order they have come to this Court. I have heard R.K. Soni, learned Counsel for the petitioners as well as learned Public Prosecutor. The statement of the witnesses recorded by the Police under Section 161, Cr. PC through investigation have been read over to me. Radhey Shyam who is the complainant and who has lodged the report has stated against these 9 petitioners and except him no other prosecution witness have stated anything against these petitioners. On the other hand they have stated that these petitioners were not present in the dispute. Thus, the only evidence against the petitioners is the statement of Radhey Shyam and the First Information Report which was lodged by Radhey Shyam himself. After perusing the statement of prosecution witnesses, I agree with the Investigation Officer that no case even prima facie has been made out against these petitioners. That is the reason the Police has not submitted the challan against them. The learned Magistrate simply on the basis of statement of Radhey Shyam and looking to the contention of First Information Report took cognizance. The learned Magistrate should have applied his mind and should have perused the statement of other witnesses who have been examined by the Police during investigation. The solitary statement of Radhey Shyam is not sufficient even to establish a prima facie case against these persons. Under such circumstances as the Magistrate has not applied his mind and has not appreciated the statement of the witnesses recorded under Section 161, Cr. PC, it is a case where the process of law has been abused by the learned Magistrate. In the interest of justice it is a case where the High Court should interfere because these petitioners have been unnecessarily dragged into this case.
(3.) UNDER such circumstance, the petition is accepted. The order of the learned Magistrate dated 13 -1 -1987 by which he took cognizance against these petitioners, is set aside.;