AHMAD HUSSAIN AND 6 OTHERS Vs. THE STATE OF BIHAR & ANOTHER

JUDGEMENT

(1.) This is an application for quashing of an order dated 31.1.1983, whereby the petitioners were directed to appear in person in court on 24.2.1983 for commitment of the case to the court of Sessions. The relevant facts which led to the filing of this application, in short, are that on 1.2.1980 at 7.00 P.M., the complainant/opposite party no. 2 lodged a first information report at Pupri Police Station under Ss. 147 , 323 , 342 and 307 /34 of the Indian Penal Code alleging, inter alia, that petitioner no. 1 Ahmad Hussain, threw the complainant on the ground and the other accused persons assaulted him with lathi. It was further alleged that the petitioner no. 1, Ahmad Hussain, pressed the neck of the complainant and petitioner no. 7 Abdul Latif, told him to kill the complainant.

(2.) The police after investigation submitted final report on 20.4.1980 stating that the case was one under Sec. 323 of the Indian Penal Code and hence non -cognizable.

(3.) It appears that on 6.2.1981, the Judicial Magistrate took cognizance of the case under Sec. 323 of the Indian Penal Code and transferred the case to Shri O.P. Singh, another Judicial Magistrate, 1st Class, for disposal. During the pendency of the case the complainant/opposite party no. 2 filed an application on 8.7.1982 stating that the case, be registered under Sec. 307 of the Indian Penal Code. It further appears that on 16.12.1982 the complainant as well as these petitioners filed an application for compromise in the trial Court.