BHARATIBEN VERMA Vs. N G LOKANATH SINGH

JUDGEMENT

(1.) THE short point involved in this case is: Whether the Magistrate has jurisdiction to direct the police to investigate into the matter after taking cognizance and recording sworn statement of complainant and witnesses under S. 202 (1), Cr. P. C.

(2.) HEARD the learned counsel for the petitioner and the learned counsel for the Respdt.

(3.) THE brief facts leading to this case are: the respondent made a report to the Station House Officer, High Grounds Police /station on 14-9-1995 against the petitioners which came to be registered in Crime No. 501/95 for the alleged offences under Ss. 420 and 465, IPC. The police sent the FIR to the VIII Additional Chief Metropolitan Magistrate, Bangalore. After investigation, the police filed a 'b' Summary Report on 1-7-1996 as per Document No. 1. The allegations made in the complaint are that the petrs. have altered the cheque amount of 'rs. 2,78,916/-' into 'rs. 32,78,716/-' and attempted to encash the cheque with dishonest attention of making unlawful gain for themselves and that therefore they forged and altered the cheque. After submission of the 'b' Summary Report, the complainant filed a protest petition on 19-7-1996 and requested the court either to take cognizance of the offence or to direct the investigation by a competent police officer through the Commissioner of Police, Bangalore. On 25-10-1996, the court had taken cognizance and had recorded the sworn statement of the complainant and thereafter, on 29-10-1996 after examining 2 witnesses, referred the case under S. 202 (1) Cr. P. C. to the Circle Inspector of Police, Sanjay Nagar PS. along with C. C of all the documents marked, copy of the statement of witnesses, copy of FIR and all related documents. Thereafter, the police registered a case in Crime. No. 450/96. On the requisition submitted by the police, the court also issued notice to the accused persons directing them to produce the cheque and assist the Investigating Officer in the case. Thereafter, on 6-1-97, the I. O. submitted that the accused is deliberately absconding from his residence. On his request, the Court has passed an order to issue NBW to accused. These orders of the learned Magistrate are questioned in this petition.