Ram Prakash and Another vs Chief Judicial Magistrate and Others

B.K. Rathi, J.—Heard Sri S.P. Singh, learned Counsel for the applicants and A.G.A.

This is a revision under Sections 397/401, Code of Criminal Procedure against the order dated 22.5.99 passed by the Chief Judicial Magistrate, Kanpur Dehat in Session Trial No. 1988 of 1999.

The facts giving rise to this revision are as follows:

A F.I.R. was lodged on 2.10.94 for the offence under Sections 279 and 304A, I.P.C. The charge-sheet was submitted by the police for the above offences against Ram Babu. In the meantime a request was made by the complainant that murder of Chhotey Lal was committed and it is not a case of negligent driving. Therefore, a case u/s 302, I.P.C. is made out. The investigation may be given to C.B. C.I.D. C.B. C.I.D. found implication of both the applicants. On the request of C.B. C.I.D. the learned Magistrate issued the proceedings under Sections 82-83, Code of Criminal Procedure against the applicants.

The applicants filed objections before the Chief Judicial Magistrate alleging that the investigation by the C.B. C.I.D. is illegal. That contention was not accepted by the learned Magistrate and he refused to cancel the proceedings under Sections 82 and 83 against the applicants. Aggrieved by that order, the present revision has been preferred.

I do not find any illegality in the order.

The revision is dismissed summarily with the observation that the proceedings under Sections 82 and 83 Code of Criminal Procedure against the applicants shall not be executed for one month and during that period the applicants may surrender before the Magistrate concerned. If the applicants did not surrender before the Magistrate concerned within one month, the proceedings under Sections 82 and 83 shall proceed against them, and it is further ordered that if the applicants appear before the Magistrate concerned and apply for their bail, their bail application shall be considered very expeditiously.