JUDGEMENT
Chandrachud, J. -
(1.)These two appeals by special leave arise out of a judgment dated September 30, 1975 rendered by the High Court of Karnataka in Criminal Petitions Nos. 248 and 253 of 1975. By the aforesaid judgment the High Court in the exercise of its inherent powers has quashed proceedings initiated by the State of Karnataka, appellant herein, against the respondents.
(2.)The incident out of which these proceedings arise took place on December 6, 1973 in the Central Avenue of the Indian Telephone Industries Colony, Bangalore. Thyagaraja Iyer, accused No. 1, who was an employee of the Indian Telephone Industries Ltd. was dismissed from service on September 20, 1973 on the allegation that he had assaulted a Canteen Supervisor. The complainant Ajit Dutt, Works Manager of the Crossbar Division, attempted to serve the dismissal order on him but he refused to accept it and threatened the complainant that he, the complainant, was primarily responsible for the dismissal and would have to answer the consequences. It is alleged that the I. T. I. Employees Union took up cudgels on his behalf and resolved to support his cause. The case of the prosecution is that accused Nos. 1 and 8 to 20 conspired to commit the murder of the complainant and that in pursuance of that conspiracy accused Nos. 1. 8 and 10 hired accused No. 2, a notorious criminal, to execute the object of the conspiracy. Accused No. 2 in turn engaged the service of accused Nos. 3 to 7 and eventually on the morning of December 6, 1973 accused Nos. 1 to 6 are alleged to have assaulted the complainant with kinves, thereby committing offences under Ss. 324, 326 and 307 read with S. 34 of the Penal Code. Accused No. 2 was changed separately under S. 307 or in the alternative under S. 326. Penal Code.
(3.)By his order dated October 23, 1974 the learned Metropolitan Magistrate. V. Court, Bangalore directed all the 20 accused to take their trial before the Sessions Court for offences under Ss. 324, 326 and 307 read with S. 34 of the Penal Code.