LAWS(SC)-2004-2-94

BHAGAT RAM Vs. SURINDER KUMAR

Decided On February 13, 2004
BHAGAT RAM Appellant
V/S
SURINDER KUMAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) A complaint was filed before the Additional Chief Judicial Magistrate, Dehra. On 22/5/2000 he made an order, after examining the complainant and his witnesses, that the matter needs further probe and, therefore, directed the investigation to be done by the police and referred the matter for investigation/inquiry by the police. On receipt of the police report, the matter was heard afresh by the learned Magistrate and, thereafter, summons were issued to the respondents herein. It is that action of the learned Magistrate that was challenged before the High Court on the ground that having once taken cognizance and proceeded to hold the inquiry under S. 202 of the Crpc, could not have referred the matter for inquiry/investigation by the police at all and he should have proceeded in the matter himself.

(3.) The High Court adverted to a decision of this Court in Suresh Chand Jain v. State of M. P. to the effect that the Magistrate is deemed to have taken cognizance of the offence when after entertaining the complaint he proceeds to hold preliminary inquiry in the matter. The High Court allowed the petition and set aside the order made by the learned Magistrate. Hence this appeal by special leave.