Lalji Singh vs Naurangi Lal and others

Jwala Prasad, J.—The application seems to be premature. Two counter-complaints were filed before the Sub-Divisional Officer of Monghyr. In one of them the petitioner Lalji Singh was the complainant and in the other Naurangi Lal, Both the complaints were referred to a probationary Sub-Deputy Collector for "enquiry and report" u/s 202 of the Code of Criminal Procedure. On receipt of the report the Magistrate issued process in the case of Naurangi Lal and that case is being tried. In the case of the petitioner, Lalji Singh, the Magistrate recorded the following order:

"Read Sub Deputy Magistrate''s report. Put up after the disposal of the case of Naurangi Lal against No. 751."

Mr. G.C. Pal on behalf of the petitioner contends that his complaint should have been immediately disposed of either by dismissing it u/s 203 or by summoning the accused u/s 204 of the Code. The learned Vakil has, however, failed to point out to me any rule of procedure which the Magistrate has contravened.

I do not, therefore, think, that I can, at this stage in revision, interfere with the discretion exercised by the Magistrate. I do not think it permissible to enter into the relative merits of the two complaints placed before me when the matter is sub judice before a competent tribunal.

The application is, therefore, rejected.