JYOTHI RANI Vs. JYOTHI

JUDGEMENT

(1.) A short question raised for consideration is that, whether the Magistrate has right in issuing summons or warrants against the petitioners herein under Section 204 of Cr.P.C., even without examining all the witnesses on behalf of the complainant, when the offence is exclusively triable by the Court of Sessions.

(2.) THE records disclose that the respondent herein Smt. Jyothi W/o Nagesh Goudar has filed a private complaint under Section 200 Cr.P.C. before the learned JMFC II Court, Hubli, for the alleged offences punishment under Sections 143, 147, 451, 323, 354, 504, 506, 307 r/w Section 149 of Indian Penal Code, 1860. Out of the above said offences, Section 307 of Indian Penal Code, 1860 is exclusively triable by the Court of Sessions. The complaint discloses that the complainant has cited four witnesses. It is also seen that the complainant examined herself as CW -1 and also examined two more witnesses by name Pradeep Savadatti and Gurunatha Basappa Hadapad. But, she has not examined the witness No. 1 -Uma wife of Deenanath Bentoor and also witness No. 4 -R.M.O. of KIMS Hospital, Hubli. The learned Magistrate has, in fact, on the date of the lodging of the complaint, took cognizance and proceeded to record the statement of these two witnesses, including the complainant and thereafter, issued process against the accused persons, vide order dated 5/5/2012. The learned Counsel for the petitioners submits that they challenged the said order before this Court under Section 482 of Cr.P.C and the said petition was converted into Revision by the order of this Court. In the meantime, the learned Magistrate has also issued warrants to secure the presence of the petitioners herein. The order discloses that the learned Magistrate has taken cognizance even for the offence punishable under Section 307 of Indian Penal Code, 1860, also which is exclusively triable by the Court of Sessions. As rightly contended by the learned Counsel, Section 202 Cr.P.C mandates recording of the statement of all the witnesses. It is just and necessary to reproduce Section 202 of Cr.P.C. regarding postponement of issue of process: - -

(3.) WITH these observations, the following order is passed: - -