TMI Blog1978 (8) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... of Hareram Satpathy, the appellant herein, who was a Journalist by profession and a staunch of Bhartiya Lok Dal, sought the help and protection of the Officer on charge of the Police Station, Balangir, on the ground that he had learnt from B. Kramanda Bohidar. a member of the Congress party that there was a conspiracy to murder him . On the evening of November 29, 1974, the appellant made a report to the Officer-in- charge of the aforesaid Police Station, alleging therein that Premlal Suna, Parsanna Pal Guna Ghasi, Jagyna Puruseth ,Bighna Raj Misra Jayanarayan Spirpathy, Bikram Bohidat and Tikaram Agarwala, members of Yuva Congress Party and political adversaries of his brother ,Parsuram, had been openly declaring since the last 3 of 4 day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 161 of the Cr. P. C. by the appellant and Bhibudananda Ducat, Harudanana Nanda an(1 Sankar Tripathy and finding a prima facie case under section 302 of the Indian Penal Code made out against the respondents? the Magistrate directed the issue of non- bailable warrants against them. Aggrieved by this order the respondent took the matter in revision to the High Court. A single Judge of the High Court after a detailed and meticulous scrutiny of the aforesaid statements made by the appellant and others set aside the order sub-Divisional Magistrate issuing process against the respondents holding that there was no material on record to make out a prima facie case against the respondents and that the order of the Magistrate issuing process against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by his taking cognizance of an offence. In Smt. Nagawwa v. Veeranna Shivlingappa Konjalai ors.( [1976] Supp. S.C.R. 123) this Court while laying down the categories of the cases in which an order of a Magistrate issuing process against the accused can be quash ed observed It is well settled by long catena of decisions of this court that at the stage of issuing process the Magistrate is mainly concerned with the allegations made in the complaint or the evidence led in support of the same and he is only to be prima facie satisfied whether there are sufficient grounds for proceeding against the accused it is not the province of the Magistrate to enter into a detailed discussion of the merits or demerits of the case nor can th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the affirmative. This second point does not present any difficulty. lt is well settled that once the Magistrate has after satisfying himself prima facie that there is sufficient material for proceeding against the accused issued process against him, the High Court cannot go into the matter in exercise of its revisional jurisdiction which is very limited. The following observations made in Smt. Nagwwa v. Veeranna Shivalingappa Konjalai ors (supra) are apposite in this connection: It is true that in coming to a decision as to whether a process would be issued the Magistrate can tale into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents that there is no material to support the faked and cooked up story against them is taken care of (as held in Sanjay Gandhi v. Union of India([1978] 2 S.C.R 861) to Which one of us Jaswant Singh, J.) was party by section 27 of the Cod of Crl. Procedure 1973 under which it is open to the Court of Session on committal o the case to it t(j discharge the accused if upon consideration of the record of the case and documents submitted therewith and after hearing the submissions of the parties it considers that there is no sufficient ground for proceeding against the accused. The respondents would therefore be at liberty to invoke the provisions of section 227 of the Code on the case being, committed to the Court of Session. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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