S.K.Dhaon. J. - (1.)By means of this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) the applicants have challenged the legality of two orders passed by a Judicial Magistrate. By the first order the applicants have been summoned as accused for an offence under section 302 of the Indian Penal Code. By the second order the Magistrate has issued non-bailable warrant against them.
(2.)A complaint was filed before the Magistrate by Dalla opposite-party no. 2. At the foot of the said complaint, on 27th October, 1980, the Magistrate passed an order in Hindi, the English rendering of which is like this: Register, S.O. Murti please investigate and report. Therefore, according to the applicants, the police submitted a final report. Then, it is alleged, Dalla filed a protest petition. It is said that on this petition the Magistrate passed an order issuing summons to the applicants.
(3.)Three contentions have been advanced on behalf of the applicants. The first contention is that the Magistrate had no jurisdiction to issue a direction for investigation as the offence complained of was triable exclusively by the Court of Sessions. Reliance is placed upon the first proviso to Section 202(1) of the Code. The second contention is that the Magistrate acted illegally in summoning the applicants without even examining the complaint or his witnesses. This contention is found upon the provision Section 20D of the Code. The third contention is that even though from the order sheet dt. 23rd November, 1983, it is apparent that the summons had not returned back after service upon the applicants, yet on that date the Magistrate straightaway passed an order directing the issue of non-bailable warrants against the applicants.