Tyagi, J.—This is a reference made by the learned District Magistrate, Bikaner, recommending that the order of discharge recorded in favour of the accused on 29.6.62 by the Additional Munsiff-Magistrate, 1st Class, Bikaner may be quashed and a direction be issued that the trial of the accused may proceeded after the framing of a charge under secs. 332/353, Indian Penal Code.

2. Kanhaiyalal complainant is a senior teacher in the Sadul Multi-Purpose Higher Secondary School, Bikaner. Accused Usman Ghani was a student of 10th Class in 1962 in that school. On 12th May, 1962 when the result of the annual examination was to be announced the accused is alleged to have gone to the complainant and threatened him that if the accused failed in Hindi which was his subject then he would be given a beating and he would not reach his home safely. The result was announced on that very day at 5 P.M. and the accused was declared as an unsuccessful candidate at the examination. When the complainant Kanhaiyalal left the school premises for his home, it is said that he was caught by the accused and one other person and that he was given a beating with sticks by both of them. A report of the occurrence wa

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